Terms of Use

These Supplemental Terms of Use (the “Terms”) constitute an agreement between you and ReliRental Technology, Inc. (“ReliRental”).  Our application (the “App”) allows users to access and use various services via the App, including, without limitation, mobile equipment rental support, and providing real-time access to equipment dashboards for employees and 24/7 equipment reservations for customers (collectively, the “Services”).  If you have installed the App on your Apple device, you acknowledge and agree that this App was downloaded via The App Store (iTunes Store), and represent that your use of the App is subject to the Licensed Application End User License Agreement set forth in the iTunes Store Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html) (the “EULA”), that the terms of the EULA are incorporated by reference herein and that ReliRental is considered a “Licensor” for purposes of the EULA.  If you have installed the App on your Android device, you acknowledge and agree that this App was downloaded via the Android Market, and represent that your use of the App is subject to any and all user terms and conditions and policies applicable to the Android Market and any applicable available through the Android Market (the “Android Terms”).  The following additional terms and conditions apply to your use of the App and the Services.  These Terms are intended to supplement, enhance and expand any terms and conditions set forth in the EULA, the Android Terms and any service, subscription or license agreement that you (or the company through which you have obtained access to the App) has entered into with ReliRental (a “License Agreement”), each to the fullest extent permitted under applicable law.

Please read these Terms carefully before you use our App.  In these Terms, “you” or “your” means any person or entity using the App and any Service.  Unless otherwise stated, “we” or “our” will refer collectively to ReliRental Technology, Inc. and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.

Accepting these Terms

In order to make use of the Services or the App, you must first agree to these Terms.  Do not use the Services or the App if you do not agree to these Terms.  You can accept these Terms by using the App or the Services, whereby you understand and agree that we will treat your use of the App or the Services as acceptance of these Terms. We may revise and update these Terms at any time without notice by posting such revised or updated Terms on www.ReliRental.com. Any changes to these Terms will become effective upon posting such revisions or updates. If you continuously use the Services or the App, you are required to periodically check our Terms for any changes.  Your continued usage of the Services or the App will mean that you accept the then-current Terms at the time of such usage.

You may not use the Services or the App and may not accept these Terms if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving the Services or using the App under the laws of the United States or other countries including the country in which you reside or from which you use the Services and/or the App.

These Terms shall also apply to your use of any reports, forms, applications, data, documents or other materials available via the App or the Services.

Use of Services

Registration

To use the App or the Services, you may be required to provide information about yourself as part of the user/registration process for the App and Services.  You agree that, (a) any registration/user-related information you give to ReliRental will be accurate, correct, and current, (b) you are responsible for maintaining the confidentiality of user names and passwords associated with any account you use for the App or the Services, (c) you will be responsible to us for all activities that occur under your account and/or user name, and (d) if you become aware of any unauthorized use of your account, user name and/or password, you agree to notify us immediately.

Acceptable Use

We authorize you, and you agree, to use the App and the Services solely for purposes permitted in these Terms, a License Agreement and any applicable laws or regulations.  The App and the Services may be used only for lawful purposes.

The App and the Services are protected under United States and foreign copyright, trademark (and other) laws.  Unauthorized use of the App or the Services may violate these laws, and is strictly prohibited.  You acknowledge and agree that ReliRental (or our licensors) own all legal right, title and interest in and to the App and the Services, including any intellectual property rights related thereto.   You agree, (a) not to remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the App or the Services and (b) not to sell, reproduce, display, publicly perform, distribute, or otherwise use the App or the Services in any other manner that is likely to cause confusion among consumers, that disparages or discredits ReliRental or its licensors, that dilutes the strength of our or our licensors’ property, or that otherwise infringes our or our licensors’ intellectual property rights.

Prohibited Use

Unless you have agreed otherwise in a separate written agreement with us, in addition to any restrictions or limitations on use set forth in a License Agreement, you agree not to (a) access (or attempt to access) the App or any of the Services by any means other than through the user interface that is provided by us, (b) use any of our trade names, trademarks, service marks, logos, domain names, or brands, or (c) sell, resell, reproduce, duplicate, copy, transfer or trade the App, the Services or information provided by ReliRental (other than Content (defined below) that is provided by third parties) for any purpose.

Except as otherwise set forth herein, ReliRental specifically prohibits any other use of the App or the Services, and you agree not to do any of the following:  (i) use the Services or the App for any purpose other than their intended purpose, (ii) take any action that imposes an unreasonable or disproportionately large load on the Services’ or the App’s infrastructure, (iii) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the content of the Services or the App, (iv) aggregate, copy or duplicate in any manner any of the Content or information available from the Services or the App, without express written consent from ReliRental, or (v) frame or link to any content or information available from the Services or the App.

You are also prohibited from violating or attempting to violate the security of the App or the Services, including without limitation, the following activities: (1) accessing data not intended for you or logging into a server or account which you are not authorized to access, (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without written authorization from ReliRental, (3) attempting to interfere with service to any other user of the App or the Services including, without limitation, via means of submitting a virus to our websites, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, (4) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (5) taking any action in order to obtain Services to which you are not entitled, or (6) using the App or the Services to create, transmit, distribute, or store material that (A) violates the intellectual property rights of third parties, (B) violates the privacy, publicity, or other personal rights of third parties, (C) impairs the privacy of communications of any party, or (D) assists or permits any persons in engaging in any of the activities described above. Violations of system or network security may result in civil and/or criminal liability.

Incidental Charges

You may incur charges incidental to using the Services or accessing the App, for example, charges for Internet access, international and/or long distance phone service, text messaging, or other data transmission.  You are responsible for the payment of any and all such charges.

Content; Reliance on Content; Linking

Content

You understand that all information, data, text, documents, software, graphics, video, advertisements, messages, files, third party links or other materials which you may have access to as part of the Services (the “Content”) are the sole responsibility of the person from which such Content originated, including without limitation any and all data, forms, applications and documents from third party sources (for example, equipment manuals).  We do not guarantee that any such material provided obtained from third parties is current, complete, accurate or truthful.

Reliance on Content

You acknowledge that any reliance on such material will be at your own risk.  Further, you acknowledge and agree that we are not responsible for any decisions you make based upon Content and the Services, including but not limited to decisions based upon your use of reports, data, documents or other information made available via the Services or the App.

Linking

The App may provide a link to other sites by allowing the user to leave the App or the Services to access third-party material or by bringing the third-party material into the Services or the App via “inverse” hyperlinks and framing technology (a “Linked Site”).  We have no ability or discretion to alter, update, or control the content on a Linked Site. You acknowledge and agree that ReliRental is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such Linked Site.  The fact that we have provided Linked Site is not an endorsement or sponsorship of such site, its owners or its providers.   You acknowledge and agree that ReliRental is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such Linked Site.  There are inherent risks in relying upon using or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, or retrieving any such information on a Linked Site. It is your responsibility to become familiar with each website’s privacy and other policies and terms of service, and to contact that website’s webmaster or site administrator with any concerns.

We prohibit caching unauthorized hypertext links to the App and the framing of any Content available through the Services or via the App.  We reserve the right to disable any unauthorized links or frames, and specifically disclaim any responsibility for the content available on any other Internet sites linked to the App.  You may not create a link to the App without our express written permission.

Termination

These Terms will continue to apply until terminated by either you, your company or ReliRental as set forth below or pursuant to a License Agreement; provided, however that these Terms will continue to apply after such termination with respect to (i) any Content you have downloaded from the App or via the Services or (ii) any other legal rights, obligations and liabilities that you have been subject to (or which have accrued over time while these Terms have been in force) or which are expressed herein to continue indefinitely.  The “Jurisdiction” section below shall continue to apply to all such rights, obligations and liabilities indefinitely.

You may cancel your legal agreement with us at any time by (a) notifying ReliRental in writing, and (b) ceasing to use the Services and the App.  At such time as you, your company or ReliRental terminates these Terms or the applicable License Agreement between your company and ReliRental, your login credentials will be de-activated.  In addition to any termination rights set forth in such License Agreement between ReliRental and your company, ReliRental may terminate its legal agreement with you if (i) you have breached any provision of these Terms (or have acted in manner which demonstrates, in our sole discretion, that you do not intend to, or are unable to comply with these Terms), (ii) ReliRental is required to do so by law (for example, where the provision of the Services to, or use of the App by, you is, or becomes, unlawful), (iii) the company to whom we offered access to the App or use of the Services for your use has terminated its relationship with us or ceased to offer the Services or the App to you, (iv) ReliRental is transitioning to no longer providing the Services or the App to users in the country in which you reside or from which you use the Services or the App, or (v) the provision of the Services or access to the App to you by ReliRental is, in our opinion, no longer commercially viable.

Disclaimers

THE SERVICES, THE APP, ITS CONTENT AND ANY OTHER INFORMATION PROVIDED VIA THE SERVICES OR THE APP ARE PROVIDED “AS IS” AND RELIRENTAL, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, APP, DATA, REPORTS, FORMS, APPLICATIONS OR OTHER DOCUMENTS OR MATERIALS PROVIDED VIA THE APP OR THE SERVICES, INCLUDING, WITHOUT LIMITATION (A) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW; (B) THAT ACCESS TO THE SERVICES, THE APP OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (C) THAT THE USE OF, OR THE RESULTS FROM THE USE OF, THE SERVICES OR THE CONTENT WILL BE CURRENT, CORRECT, COMPLETE, ACCURATE, RELIABLE OR OTHERWISE.  ACCORDINGLY, YOU ACKNOWLEDGE THAT YOUR USE OF THE APPAND THE SERVICES IS AT YOUR OWN RISK. YOU (AND NOT RELIRENTAL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RESULTING FROM COMPUTER MALFUNCTION, VIRUSES OR OTHER ISSUES THAT MAY ARISE FROM THE DOWNLOAD OR USE OF MATERIAL OR DATA VIA THE SERVICES OR THE APP.  APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF SOME OF THE IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

Subject to the warranty provisions above, neither ReliRental, nor its subsidiaries, affiliates, or licensors, shall be responsible or liable to you for any direct, indirect, incidental, special consequential or exemplary damages of any kind which may be incurred by you, however caused and under any theory of liability, including, without limitation, lost business or profits, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss that may result from your use of the Services or the App.  The limitations on our liability to you shall apply whether or not ReliRental has been advised or should have been aware of the possibility of any such losses arising.

Indemnification

In the event that you use the App, Content or Services, or any portion thereof, in any manner not authorized by us, or if you otherwise infringe any intellectual property rights or any other rights relating to other users, you agree to indemnify and hold ReliRental, its subsidiaries, affiliates, licensors and representatives, harmless against any losses, expenses, costs or damages, including attorneys’ fees, incurred by them as a result of unauthorized use of the Services or App and/or your breach or alleged breach of these Terms.

International Use

The Company makes no representation that the App or the Services are appropriate or available for use in locations outside the United States.  Accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Arbitration

You agree that any dispute, claim or controversy arising hereunder or relating in any way to these Terms, shall be settled by binding arbitration in Fulton County, Georgia, in accordance with the commercial arbitration rules of Judicial Arbitration and Mediation Services (“JAMS”).  The arbitrator shall issue a written decision specifying the basis for the award made.  The party filing a claim or counterclaim in the arbitration proceeding shall pay the deposit(s) determined by JAMS with respect to such claim or counterclaim.  All other costs associated with the arbitration and imposed by JAMS shall be paid as determined by the arbitrator(s) and, in absence of such determination, equally by each party to the arbitration.  In addition, unless the arbitrator awards payment of reasonable attorney and other fees to a party, each party to the arbitration shall be responsible for its own attorneys’ fees and other professional fees incurred in connection with the arbitration.  Determinations of the arbitrator will be final and binding upon the parties to the arbitration, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.  The arbitrator shall apply the substantive law of the State of Georgia, without giving effect to its conflict of laws rules.  The parties hereto hereby waive their respective right to trial by jury of any cause of action, claim, counterclaim or cross-complaint in any action, proceeding and/or hearing brought by any party against another on any matter whatsoever relating to, resulting from, arising out of, or in any way connected with these Terms, or any amendment or breach hereof, including, without limitation, any claim or injury or damage, or the enforcement of any remedy under any law, statute, or regulation, emergency or otherwise, now or hereafter in effect.

You agree that the following will not be subject to arbitration: (a) any dispute over the validity of any party’s intellectual property rights, and (b) any dispute related to or arising from allegations associated with unauthorized or prohibited use of the Services or the App.

DMCA Notice

We respect the intellectual property rights of others and require users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will address the claims of copyright infringement committed using our Services or via the website if such claims are reported to our designated DMCA Copyright Agent identified below. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material.