Terms of use
End USer License Agreement
This Terms of Use Agreement (“Terms of Use”) applies to your use of the Graeber Rentals websites located at us.graeber.rentals.
BY ACCESSING AND/OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE ON YOUR BEHALF AND, IF YOU ARE ACCESSING OR USING THE SITE ON BEHALF OF ANOTHER PERSON OR ORGANIZATION, ON BEHALF OF SUCH PERSON OR ORGANIZATION (collectively, “you”). IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE.
1. CONTENT AND INTELLECTUAL PROPERTY
Graeber Rentals Content, Copyright and Trademark Notice.
All media (downloaded or samples), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Site (collectively, “Content”), including but not limited to the design, selection, arrangement, and coordination of such Content on the Site, is owned or licensed by or to Graeber Rentals, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. Except as expressly provided in this Terms of Use, no part of the Site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without Graeber Rentals’ prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Graeber Rentals reserves all rights not expressly granted hereunder. Graeber Rentals expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.
GRAEBER RENTALS, the Graeber Rentals’ elliptical design and other trademarks used on the Site, are registered trademarks or service marks of Graeber Rentals. All other trademarks or service marks are property of their respective owners. The use of any Graeber Rentals trademark or service mark without Graeber Rentals’ express written consent is strictly prohibited.
User Content and Submissions, Licenses
You understand and agree that all information, data, text, software, music, sound, images, photographs, graphics, video, advertisements, messages, trademarks, logos, artwork or other materials submitted, posted or displayed by you on or through the Site (“User Content”) is solely your responsibility. Graeber 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 Graeber 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 Graeber 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 Graeber 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, Graeber Rentals, and/or their respective services. Graeber Rentals will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. Graeber 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, provincial, 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 Graeber 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, Graeber Rentals’ operations, or Graeber 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) involves 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. Graeber 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 Graeber Rentals and/or the Site. Graeber Rentals reserves the right to expel you and/or any other users and prevent their further access to the Site and/or use of Graeber Rentals services for posting User Content that is subject to termination or for otherwise violating the Terms or applicable laws, rules or regulations. Graeber 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 Graeber Rentals, damage Graeber Rentals’ brand or public image, or cause Graeber Rentals to lose users or (in whole or in part) the services of its ISPs or other vendors or suppliers.
Graeber 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.
Graeber 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 Graeber Rentals deems appropriate in its sole discretion.
2. CONSENT TO COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
As more fully described in our Privacy Policy, located at us.graeber.rentals/privacy-polocies you must disclose certain personal information and financial information to use our Site, register, and make purchases or rentals. As a condition of registering with our Site or making any purchases or rentals of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personal information, financial information, and other information as described in our Privacy Policy. Our Privacy Policy’s terms and conditions will change from time to time, and as a condition of browsing the Site, using any features or making any purchase or rental, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases or rentals or using any features of the Site.
Any information collected through our Site may be stored and processed in the United States or any other country in which Graeber Rentals operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.
While Graeber Rentals takes reasonable steps to safeguard and to prevent unauthorized access to your personal information and financial 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 GRAEBER 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 GRAEBER RENTALS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
3. 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 Graeber Rentals to contact you at your email address. To stop receiving our marketing emails, please use the unsubscribe link within each email or contact our Privacy Officer:
HOUSTON, TEXAS
16802 FM2920
Tomball TX 77377, USA
T: +1 281 668 – 8800
M: office@graeber.rentals
Please be sure to include your full name, address, telephone number and email address so that we may reach you with a response.
4. INDEMNIFICATION
By using the Site, you agree to defend, indemnify and hold harmless Graeber Rentals, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys’/legal 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 Graeber Rentals; and (v) any User Content that you submit. You may not settle any claim without the prior written consent of Graeber Rentals, which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify Graeber Rentals for its own wrongful acts or omissions or sole negligence.
13. 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. GRAEBER 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.
14. LIMITATION OF LIABILITY
IN NO EVENT SHALL GRAEBER RENTALS OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES OR CONTENT, THE DELAY OR INABILITY TO USE THE GRAEBER RENTALS SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE GRAEBER RENTALS SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF GREBER RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OF USE OR POSTED ON THE SITE, THE MAXIMUM LIABILITY THAT GRAEBER RENTALS SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO GRAEBER RENTALS IN CONNECTION WITH THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON THE SITE.
15. CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
Copyright
Graeber 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, Graeber 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, Graeber Rentals has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Graeber Rentals respects the intellectual property of others and we ask others to do the same.
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 the material 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
A 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.
Trademark
Graeber 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, Graeber 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, Graeber Rentals has implemented procedures for receiving written notification of claimed trademark infringement. Graeber Rentals respects the intellectual property of others and we ask others to do the same.
Any written notice describing the infringing activity must include the following information:
Upon receipt of the appropriate information identified above, Graeber Rentals will investigate the complaint, during which time Graeber 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 Graeber Rentals server, temporarily remove or deny access to the Allegedly Infringing Material.
If Graeber Rentals concludes that the complaining party has raised a legitimate infringement claim, or that it appears valid on its face, Graeber 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 Graeber Rentals server, deny access to the Allegedly Infringing Material. If Graeber 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, Graeber Rentals may, at its sole discretion, restore access to the Allegedly Infringing Material.
Counter Notification Policy
If Graeber Rentals has forwarded to you a notice of copyright or trademark infringement, you (“alleged Infringer”) may provide a “Counter Notification” by contacting Graeber Rentals at the above contact information, and including the following:
In all cases involving claimed copyright infringement, and where appropriate in Graeber Rentals’ sole discretion regarding claimed trademark infringement, upon receipt of a Counter Notification as described above, Graeber Rentals will promptly provide the complaining party with a copy of the Counter Notification, and inform the complaining party that Graeber Rentals will replace the removed material, or cease disabling access to it, in 10 business days. Graeber 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 Graeber 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.
a copy of the certificate of registration received from the Graeber 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:
the material that you believe is infringing (the “Allegedly Infringing Material”), as well as the party posting the Allegedly Infringing Material;
the trademark, service mark, trade dress, or name (the “Mark”) that you believe to be infringed;
the jurisdiction or geographical area in which the Mark is valid;
the name, post office address and telephone number of the owner of the Mark identified above;
the goods and/or services covered by or offered under the Mark;
the date of first use of the Mark;
the date of first use of the Mark;
the goods and/or services covered by or offered under the Allegedly Infringing Material;
the precise location of the Allegedly Infringing Material, including URL address; and
a good faith certification, signed under penalty of perjury, stating the name of the complaining party, and the Allegedly Infringing Material infringes the rights of the complaining party, the Mark being infringed, and use of the Mark is unauthorized and not defensible.
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 Graeber States, of any U.S. District Court.
16. LINKS TO THIRD PARTY WEBSITES
This Site may contain links to websites maintained by third parties. All links are provided for your reference only. Graeber 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 and/or any tools provided by same. As just one example, one or more pages on the Site may allow you to use and/or interact with Google Maps and/or Google Earth. By utilizing those third-party tools, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including Google’s Privacy Policy). However, in all instances, it is your obligation to check the policies related to all third-party tools, links, products, services, pages and sites. You assume sole responsibility for use of third-party links, content and/or tools.
17. GENERAL
No delay or failure to take action under these Terms of Use shall constitute any waiver by Graeber Rentals of any provision of these Terms of Use. If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of these Terms of Use will continue in full force and effect. These Terms of Use will bind and inure to the benefit of Graeber Rentals’ permitted successors and assigns. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises. These Terms of Use are personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate these Terms of Use shall be null and void. Graeber Rentals may freely assign these Terms of Use without consent or notice. These Terms of Use (including all documents expressly incorporated herein by reference, including but not limited to the Privacy Policy and Rental Agreement) constitute the complete and exclusive agreement between Graeber Rentals and you with respect to the subject matter hereof and supersede all prior oral or written understandings, communications or agreements not specifically incorporated herein.
Governing Law
These Terms of Use shall be governed by Graeber States law and, specifically, the laws of the State of Connecticut without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Fairfield County, in the State of Connecticut, USA. However, if you are a resident of or domiciled in Canada and you are accessing the Site while located in Canada, then these Terms of Use shall be governed by the laws of Canada and of the Province or Territory in which you reside or are domiciled, without regard to or application of any conflict of laws provisions, and you consent to the non-exclusive jurisdiction of the appropriate court in such jurisdiction.