1. Content and Intellectual Property.
A. United Rentals Content, Copyright and Trademark Notice.
UNITED RENTALS, the United Rentals' elliptical design and other trademarks used on the Site, are registered trademarks or service marks of United Rentals. All other trademarks or service marks are property of their respective owners. The use of any United Rentals trademark or service mark without United Rentals' express written consent is strictly prohibited.
B. User Content and Submissions, Licenses
You understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by you on or through the Site ("User Content") is the solely your responsibility. United Rentals makes no claims of ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through the Site and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through the Site, you grant United Rentals a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Site and as part of United Rentals’ services. In addition, by submitting, posting or displaying User Content which is intended to be available to other members of the general public, you grant United Rentals a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting the Site, United Rentals, and/or their respective services. United Rentals will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. United Rentals reserves the right to refuse to accept, post, display or transmit, or to disable or terminate any post, display, or transmission of, any User Content in its sole discretion, but shall have no obligation to do so, and no obligation to monitor any User Content.
You agree that you will not use the Site in a manner that, or submit any User Content that: (i) violates any federal, state, local, or international law or regulation; (ii) may, in our sole discretion, contribute to the harassment, exploitation, or harm of any person, including activities that may be defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable; (iii) may expose United Rentals to any liability, including by posting any material that infringes on or misappropriates the intellectual property rights of third parties; (iv) may be harmful to others, United Rentals’ operations, or Untied Rentals’ reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g. get-rich-quick schemes, Ponzi or pyramid schemes, phishing, or pharming) or engaging in other deceptive practices; or (v) content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, or other malware.
If you post User Content in any public area of the Site, you also permit any user to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on the Site retains any and all rights that may exist in such User Content. United Rentals may, in its sole discretion, review and remove any User Content for any reason, such as but not limited to User Content that violates these Terms, violates intellectual property and/or other laws, rules or regulations, is abusive, disruptive, offensive or illegal, violates the rights of, or harms or threatens the safety of, users of the Site or third parties, or is inconsistent with the policies or positions of United Rentals and/or the Site. United Rentals reserves the right to expel you and/or any other users and prevent their further access to the Site and/or use of United Rentals services for posting User Content that is subject to termination or for otherwise violating the Terms or applicable laws, rules or regulations. United Rentals may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for United Rentals, damage United Rentals’ brand or public image, or cause United Rentals to lose users or (in whole or in part) the services of its ISPs or other vendors or suppliers.
United Rentals does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by users, and does not adopt or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
United Rentals reserves the right to restrict the number of posts, e-mails, transmissions, or other messages which a user may send or display to other users to a number which United Rentals deems appropriate in its sole discretion.
2. Registration, Customer Account and Use of Site.
Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify United Rentals immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by United Rentals or any other user of the Site due to someone else using your password or Account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated, and United Rentals may seek other relief. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the Account button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.
3. Consent to Collection, Use and Disclosure of Your Personal Information.
Any information collected through our Site may be stored and processed in the United States or any other country in which United Rentals operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.
While United Rentals takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL UNITED RENTALS OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER UNITED RENTALS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
4. Consent to Our Communication with You by E-Mail.
By establishing an Account with us, and each time you make a purchase or rental, request a quote, or otherwise use our Site, you grant permission for United Rentals to contact you at your e-mail address. To stop receiving our marketing emails, please contact us at MKT-Web@ur.com, firstname.lastname@example.org (for URControl.com users) or email@example.com (for TotalControl.com users), or contact our Privacy Officer at:
Attn: Privacy Officer
United Rentals Alertline
PMB 3767Mbr> 13950 Ballantyne Corporate Place
Charlotte, NC 28273
Please be sure to include your full name, address, telephone number and email address so that we may reach you with a response. You may also call 1-877-HELP-URI.
5. Conditions of Sale/Rental and Payment Terms.
To purchase or rent any goods and/or services on our Site, you must be at least eighteen (18) years of age or the applicable state age of majority. Prior to the purchase or rental of any goods or services on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales and rentals of products and services are final. All charges from those sales and rentals are nonrefundable.
By renting or buying any goods and/or services on our Site you agree to be bound to the Online Rental Agreement Terms and Conditions, as amended from time to time (collectively the “Rental Agreement”). Such terms and conditions include, but are not limited to, indemnification and limitation of liability provisions that may affect your liability. You acknowledge that the Rental Agreement terms and conditions may change over time and agree to be bound by such terms and conditions in use at the time of each rental or sales transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental Agreement are incorporated herein by reference. A copy of the current Rental Agreement is also available upon request.
Certain products and services offered for sale or rental through the Site may include delivery, refueling, environmental, or other fees, as further described in the applicable Rental Agreement. In some cases, you may opt-out of these fees through the Site or by making alternative arrangements (for example, by picking up equipment rather than having it delivered). If you have any questions about such fees, please contact us directly before completing any transaction on the Site.
6. Methods of Payment, Credit Card Terms and Taxes.
7. Order Acceptance Policy.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or rent. United Rentals reserves the right at any time after receipt of your order to accept or decline your order for any reason. United Rentals further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by United Rentals upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order.
8. No Responsibility to Sell or Rent Mispriced Products or Services.
United Rentals shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. United Rentals shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or rental and your order is canceled, United Rentals shall immediately issue a credit to your credit card account in the amount of the charge.
9. Modifications to Prices or Billing Terms.
UNITED RENTALS RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD OR RENTED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
10. Service and Support for Goods Sold or Rented.
All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.
By using the Site, you agree to defend, indemnify and hold harmless United Rentals, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or related to (i) your use of the Site or the Content; (ii) any breach or alleged breach by you of these Terms; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; (iv) a claim alleging your negligence or willful misconduct related to the Site or Content, or the provision of any products or services to you by United Rentals; and (v) any User Content that you submit. You may not settle any claim without the prior written consent of United Rentals, which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify United Rentals for its own wrongful acts or omissions or sole negligence.
12. Disclaimer of Warranties.
THE SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. UNITED RENTALS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS.
13. LIMITATION OF LIABILITY.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. Claims of Intellectual Property Infringement.
Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), United Rentals will remove or disable infringing material uploaded, posted, or submitted by any customer, vendor, or other third party who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. Except as provided by law, United Rentals shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, pursuant to 17 U.S.C. § 512(c), United Rentals has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. United Rentals respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through the Site, please contact our Legal Department, via facsimile at (203) 622-6080, or mail at:
Attn: Legal Department
United Rentals, Inc.
100 First Stamford Place, Suite 700
Stamford, CT 06902
Any written notice describing the infringing activity must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed;
- A description of the allegedly infringing work or material;
- A description of where the allegedly infringing material is located on the Site;
- Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and
- statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.
United Rentals may remove or disable User Content that is alleged to violate any person’s trademark, publicity or similar rights. Except as provided by law, United Rentals shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, United Rentals has implemented procedures for receiving written notification of claimed trademark infringement. United Rentals respects the intellectual property of others and we ask other to do the same. If you believe that your trademark has been infringed through the Site, please contact our Legal Department, via facsimile at (203) 622-6080, or mail at:
Attn: Legal Department United Rentals, Inc. 100 First Stamford Place, Suite 700 Stamford, CT 06902
Any written notice describing the infringing activity must include the following information:
- a copy of the certificate of registration received from the United States Patent and Trademark Office (USPTO) or, for foreign marks, registration with the appropriate intellectual property organization of your country (we cannot accept state or local registrations pursuant to this policy);
- your contact information, including full name, address, email, telephone number, and fax number; and
- a statement identifying:
- a. the material that you believe is infringing (the “Allegedly Infringing Material”), as well as the party posting the Allegedly Infringing Material;
- b. the trademark, service mark, trade dress, or name (the "Mark") that you believe to be infringed;
- c. the jurisdiction or geographical area in which the Mark is valid;
- d. the name, post office address and telephone number of the owner of the Mark identified above;
- e. the goods and/or services covered by or offered under the Mark;
- f. the date of first use of the Mark;
- g. the date of first use in interstate commerce of the Mark;
- h. the goods and/or services covered by or offered under the Allegedly Infringing Material;
- i. the precise location of the Allegedly Infringing Material, including URL address; and
- j. a good faith certification, signed under penalty of perjury, stating:
- i. the name of the complaining party,
- ii. the Allegedly Infringing Material infringes the rights of the complaining party,
- iii. the Mark being infringed, and
- iv. use of the Mark is unauthorized and not defensible.
Upon receipt of the appropriate information identified above, United Rentals will investigate the complaint, during which time United Rentals, at its sole discretion and without any legal obligation to do so, may temporarily remove the challenged material from the Site, notify the posting party it will lock down the posting party's account, if any, and/or, if the Allegedly Infringing Material is stored on a United Rentals server, temporarily remove or deny access to the Allegedly Infringing Material.
If United Rentals concludes that the complaining party has raised a legitimate infringement claim, or that it appears valid on its face, United Rentals may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from the Site, continue to suspend the posting party's account and/or, if the Allegedly Infringing Material is solely stored on a United Rentals server, deny access to the Allegedly Infringing Material. If United Rentals concludes that the complaining party has not raised a legitimate claim or if it is not clear whether the complaining party has raised a legitimate claim, United Rentals may, at its sole discretion, restore access to the Allegedly Infringing Material.
Counter Notification Policy
If United Rentals has forwarded to you a notice of copyright or trademark infringement, you (“alleged Infringer”) may provide a “Counter Notification” by contacting United Rentals at the above contact information, and including the following:
- An electronic signature of the alleged Infringer.
- Identification of the material that has been removed, or to which access has been disabled, and the location at which the material appeared before it was removed or disabled.
- A statement under penalty of perjury that the alleged Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- The alleged Infringer's name, address, and telephone number, and a statement that the alleged Infringer consents to the jurisdiction of the U.S. District Court for the District of Connecticut, or, if the alleged Infringer's address is outside of the United States, of any U.S. District Court.
In all cases involving claimed copyright infringement, and where appropriate in United Rentals’ sole discretion regarding claimed trademark infringement, upon receipt of a Counter Notification as described above, United Rentals will promptly provide the complaining party with a copy of the Counter Notification, and inform the complaining party that United Rentals will replace the removed material, or cease disabling access to it, in 10 business days. United Rentals will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless United Rentals first receives notice from the complaining party that the complaining party has filed an action seeking a court order to restrain the alleged Infringer from engaging in infringing activity relating to the material on the Site.
15. LINKS TO THIRD PARTY WEBSITES.
This Site may contain links to websites maintained by third parties. All links are provided for your reference only. United Rentals does not control or operate in any respect information, products or services on such third-party sites and is not responsible for their content. These sites may be governed by different privacy policies. Please check these policies before using these sites. You assume sole responsibility for use of third-party links.
Last modified: October 17, 2017