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Terms of Use

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Effective Date: July 1, 2016

PLEASE NOTE: THESE TERMS OF USE CONTAIN AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THE WAIVER AFFECTS HOW DISPUTES WITH US ARE RESOLVED. BY ACCEPTING THESE TERMS OF USE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

1. INTRODUCTION

Please review these website terms and conditions of use (“Terms of Use”) that govern the use of the HercRentals.com site, the HertzEquipRentals.com site, or any other of our websites where this Terms of Use is posted (collectively, the “Site”).  Throughout these Terms of Use, the terms “Company,” “we,” “our,” or “us” means Herc Rentals (for our U.S. sites) or Hertz Equipment Rental Corporation (for our Canadian sites).  The terms “you,” “your,” “user,” and “users,” refer to all individuals and/or entities accessing the Site for any reason.

2. ACCEPTANCE

By visiting the Site (whether or not you are a registered member) you accept and agree to be bound by these Terms of Use, including any future modifications.  You also represent and warrant to the Company that you will use the Site in a manner consistent with any and all applicable laws, rules, and regulations.  Company may modify these Terms of Use at any time, and each such modification will be effective upon posting on Site.  Your continued use of the Site following any modification of these Terms of Use constitutes your acceptance of and agreement to be legally bound by the Terms of Use as modified.  It is therefore important that you review these Terms of Use regularly.  If you do not agree to all of these Terms of Use, or our Privacy Policy, please do not use this Site.

Your access to and use of certain Company offerings, such as our loyalty program, may require you to accept additional terms and conditions applicable to such offerings, in addition to these Terms of Use.  In the event of a conflict between any such additional terms and these Terms of Use, such additional terms will prevail.

3. Eligibility

You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site or accepting these Terms of Use, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms of Use.

4. Use Restrictions

The content on this Site, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from our licensors, and other materials (“Contents”) is protected by copyright under applicable United States, Canadian, and foreign laws.  Title to the Contents remains with the Company.  Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.  Except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Company or its licensors. 

We authorize you to view and download and print a single copy of the Contents solely for your own lawful, personal, non-commercial use if you include one of the following copyright notice, as applicable:  “Copyright © 2017, Herc Rentals.  All rights reserved” or “Copyright © 2017, Hertz Equipment Rental.  All rights reserved”, and retain other copyright and proprietary rights notices which were contained in the Contents.  Any special rules for the use of other items provided on the Site may be included elsewhere within the Site and are incorporated into these Terms of Use by reference.  The use of the Contents on any other site or in a networked computer environment for any purpose is prohibited.  All rights not expressly granted herein are reserved to Company and its licensors.  If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents. 

So long as you are in compliance with these Terms of Use, we grant you a non-exclusive limited, non-transferable license to use the Site. You may not distribute or make the Site available over a network where it could be used by multiple devices at the same time.  You may not rent, lease, lend, sell, redistribute or sublicense the Site or any of its Contents. You may not copy, decompile, reverse engineer, disassemble, or attempt to derive the source code of, modify, or create derivative works of the Site, any updates, or any part thereof. Any attempt to do so is a violation of these Terms of Use.  If you breach this restriction, you may be subject to prosecution and damages. These Terms of Use will govern any upgrades provided by the Company that replace and/or supplement the original Site, unless such upgrade is accompanied by separate or updated Terms of Use. If you violate any of these Terms of Use, your permission to use the Contents automatically terminates and you must immediately destroy any copies you have made of any portion of the Contents.

You may not, without our written permission, “mirror” any Contents contained on the Site or any other server.  You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site.  You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.  We reserve the right, in its sole discretion, to terminate your access to the Site, or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice.

5. User Submissions

Any personal information you submit to us is governed by our Privacy Policy.  To the extent there is an inconsistency between the Terms of Use and the Privacy Policy, the Privacy Policy shall govern.

Except as provided under Submission of Ideas (below), we do not claim ownership of any information or material a user provides to the Company or posts, uploads, input, submits, or transmits to this Site (“Submission”).  You agree that you will not make any Submission that is, in whole or in part, libelous; scandalous; inflammatory; discriminatory; defamatory; false; threatening; vulgar; obscene; pornographic; profane; abusive; harassing; invasive of another’s privacy; hateful or bashing; aimed at gender, race, color, sexual orientation, national origin, religious views, or disability; in violation of local, state, national, or international law; or that infringes on, or violates, any right of any party.  Additionally, you agree that you will not: (a) make any Submission that is an advertisement or solicitation of business; (b) disrupt the normal flow of dialogue or make a Submission unrelated to the topic being discussed (unless it is clear the discussion is free-form); (c) post a chain letter or pyramid scheme; impersonate another person; (d) distribute viruses or other harmful computer code; (e) harvest or otherwise collects information about others, including email addresses, without their consent; (f) post the same note more than once or “spamming”; or (g) engage in any other conduct that restricts or inhibits any other person from using or enjoying the Site, or which, in the judgment of Company, exposes us or any of our licensors, partners, or customers to any liability or detriment of any type.

By making a Submission, you agree that such Submission is non-confidential, non-proprietary, and may be disseminated or used by us in any way.  If you make a Submission, you automatically grant or warrant that the owner of such content has expressly granted us a royalty-free, perpetual, irrevocable, worldwide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the Submission in any media or medium, or any form, format, or forum now known or hereafter developed.  Notwithstanding the foregoing, we are not required to use any Submission.

You are solely responsible for your Submission, the consequences of making a Submission, and your reliance on any Submissions.  We are not responsible for the consequences of any Submission.  We are not responsible for screening or monitoring Submissions made to this Site by users.  If notified by a user of a Submission allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission.  We will have no liability or responsibility to users for performance or nonperformance of such activities.

We reserve the right (but are not obligated) to: (a) record the dialogue on the Site; (b) investigate an allegation that a Submission does not comply with these Terms of Use and determine in its sole discretion to remove or request the removal of the Submission; (c) remove Submissions which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms of Use; (d) terminate a user’s access to any or all parts of the Site upon any breach of these Terms of Use or the law; (e) monitor, edit, or disclose any Submission; (f) edit or delete any Submission posted on the Site, regardless of whether such Submission violates these Terms of Use.

6. Submission of Ideas

Our policy is to not accept or review unsolicited ideas or suggestions from persons outside the company.  Notwithstanding such policy, any ideas, suggestions, know-how, or concepts that are offered or communicated to us through the Site or otherwise shall be the property of us, and may be treated by us as non-confidential information.  We shall have the unrestricted right to use and disclose such ideas, suggestions, know-how or concepts for any purpose without compensation or obligation to any party.

7. Promotions

Any and all offers or promotions advertised on this Site are void where prohibited, and are subject to the posting of any official rules to such offers or promotions.

8. Liability of COMPANY and Its Licensors and Partners

The use of the Site or the Contents is at your own risk.  The Contents in this Site could include technical inaccuracies or typographical errors.  We may make changes or improvements at any time.

THE CONTENTS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENTS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.  YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

WE ASSUME NO LIABILITY, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS IN CONNECTION WITH OR ARISING FROM ANY ACT OR OMISSION BY US, OUR AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OF USE OR THE PRIVACY POLICY.

9. Your Account

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

10. Contact with Third Parties and Third Party Websites

The Site may contain hyperlinks to other websites and webpages (“Third-Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third-parties (collectively, “Third-Party Applications”).   The Company does not investigate, monitor, or review any Third-Party Pages or Third-Party Applications to ensure their accuracy, completeness, or appropriateness.  The Company is not responsible for the Third-Party Pages or any Third-Party Applications accessed through the Site. You agree that we shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third party on the Site.

The inclusion of any hyperlinks to any Third-Party Pages or Third-Party Applications on the Site does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users.  Your interactions with a third party on the Site, or based on such third party’s participation or presence on the Site, are solely between you and the third party.  We make no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Site to access any Third-Party Pages or Third-Party Applications, you do so at your own risk.

11. Indemnity

You agree to defend, indemnify, and hold Company, its officers, directors, employees, agents, licensors, licensees, and partners, harmless from and against any claims, actions, demands, liabilities, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site or Contents, or your violation of these Terms of Use.

12. Modification or Suspension of the Site

You agree that we may, in our sole discretion and at any time, modify, discontinue, or suspend our operation of the Site, any part thereof or any Contents, temporarily or permanently, without notice or liability to you.

13. General

We makes no claim that the Contents are appropriate or may be downloaded outside of the United States or Canada.  Access to the Contents may not be legal by certain persons or in certain countries.  If you access the Site from outside the United States or Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever:  Liability of Company and its Licensors and Partners, Use Restrictions, User Submissions, Submission of Ideas, Indemnity, Applicable Laws, and Complete Agreement.

14. Applicable Laws

United States: If you have accessed the Site from the United States, these Terms of Use are governed in accordance with the laws of the State of Florida, United States of America, without regard to its conflict of law provisions.  You and Company hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Ft. Myers, Florida, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

Canada: If you have accessed the Site from Canada, these Terms of Use are governed in accordance with the laws of Ontario, Canada, without regard to its conflict of law provisions.  You and Company hereby expressly consent and submit to the exclusive jurisdiction of the provincial courts of Toronto Ontario, Canada for the adjudication or disposition of any claim, action or dispute arising out of these Terms of Use.  If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.  No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

15.Mandatory Agreement to Arbitrate on an Individual Basis

United States: Any and all controversies, disputes, demands, counts, claims, or causes of action (including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, counts, claim, or cause of action) between you and the Company or the Company's employees, agents, successors, or assigns, shall exclusively be settled through binding and confidential arbitration, except that you or the Company may take claims to small claims court if the dispute qualifies for hearing by such a court. In addition, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

 

There is no judge or jury in arbitration and arbitration procedures are simpler and more limited than rules applicable in court.  YOU ACKNOWLEDGE AND AGREE THAT, APART FROM THE NARROW EXCEPTIONS ABOVE, YOU AND THE COMPANY ARE EACH WAIVING YOUR RIGHTS TO SUE IN COURT, INCLUDING RIGHTS TO RECEIVE A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

 

Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules & Procedures effective July 1, 2014 (the “JAMS Rules”) and as modified by this agreement to arbitrate..   The JAMS Rules, including instructions for bringing arbitration, are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration.  The Minimum Standards are available at http://www.jamsadr.com/consumer-arbitration/. 

 

You and the Company must abide by these rules: (a) the arbitration shall be conducted on an individual basis and not in a class, consolidated or representative action and the arbitrator shall not award class-wide relief; (b) the claimant will pay the filing fee to initiate arbitration, and the Company will pay the arbitration costs as required by JAMS rules; (c) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (d) each side pays his, her or its own attorneys’ fees and costs unless the claim(s) at issue permit the prevailing party to be paid its fees and litigation costs, and in such instance, the fees and costs awarded shall be determined by the applicable law.

 

With the exception of subpart (a) in the paragraph above, if any part of this arbitration provision is deemed invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and be construed in accordance with its terms as if the invalid, unenforceable, or illegal provision were not contained. If, however, subpart (a) in the paragraph above is found invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void. If for any reason a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in state or U.S. federal court in Florida.

 

Canada: After any dispute arises, the parties involved in the dispute may agree to resolve the dispute using Arbitration. If the parties elect to use arbitration, disputes shall be referred to ADR Institute of Canada and resolved under its Simplified Arbitration Rules. For a copy of the procedure to file a Claim, or for other information about this organization, contact the ADR Institute of Canada at: www.adrcanada.ca.

 

16. Notice and Take Down Procedures

If you believe any Submission accessible on or from the Site infringes your copyright, you may request removal of those materials (or access thereto) from this Site by contacting us at the address identified below and providing the following information:

 

(a)   Identification of the copyrighted work that you believe to be infringed.  Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work;

(b)   Identification of the Submission that you believe to be infringing and its location.  Please describe the Submission, and provide us with its URL or any other pertinent information that will allow us to locate the Submission;

(c)    Your name, address, telephone number, and (if available) email address;

(d)   A statement that you have a good faith belief that the complained of use of the work is not authorized by the copyright owner, its agent, or the law;

(e)   A statement that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or authorized representative; and

(f)     A signature or the electronic equivalent from the copyright holder or authorized representative.

Our address for copyright issues relating to this website is as follows:

Herc Rentals

27500 Riverview Center Blvd, Ste 100

Bonita Springs, FL 34134      

Attn: Legal Department

Tel. (239) 301-1032

compliance@hercrentals.com

 

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Site who are repeat infringers.

 

17. Complete Agreement

Except as expressly provided in a particular notice or disclaimer posted by or on behalf of us on this Site, these Terms of Use, including our Privacy Policy, constitute the entire agreement between you and us with respect to the use of the Site and Contents.