Sunbelt Rentals of Canada Inc. ("Sunbelt Rentals") requests that you read the following terms and conditions, including all documents referenced herein (collectively, the "Terms") before using this web site, www.sunbeltrentals.com (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. If you do not agree to these Terms, you must not access or use the Site. This site may only be used by residents of Canada.
Unless otherwise stated in these Terms, any reference to "Sunbelt Rentals" in these Terms refers to Sunbelt Rentals of Canada Inc., its parent and affiliate companies.
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.
Modification of the Site
Sunbelt Rentals reserves the right to modify, suspend, or 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.
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 (the "Content"), all of which is protected by United States, Canadian 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.
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.
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, provincial, local or international law or regulation; (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 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 features and any links at any time without notice in our discretion.
Representations, Offers and Terms
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 in all markets or at every store location. All product images are representative and items may not be exactly as shown. All product or service listings or descriptions on the Site are invitations to purchase or lease only. 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.
Product inquiries do not constitute orders. Orders are not binding on Sunbelt Rentals until the order is accepted by Sunbelt Rentals. Sunbelt Rentals reserves the right at any time after receipt of your order to accept or reject your order for any reason, including but not limited to restricted product availability or errors on the Site.
Disclaimers of Warranties
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.
Sunbelt Rentals shall not be responsible for any delay or failure to perform any of its obligations of sale or rental if such delay or failure is due to causes beyond its control including, without limitation, weather-related and other uncontrollable delays.
The delay or failure of Sunbelt Rentals to act with respect to breach of these Terms by you or others does not constitute a waiver and shall not limit Sunbelt Rental’s rights with respect to such a breach or any subsequent breaches.
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 parent, 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.
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.
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.