Site Access & Use Terms
Thank you for visiting the RentalDryers.com Web Site (the "Site"). In
light of the complexities governing the use and operation of web sites, we have
set forth below a series of Access and Use Terms ("SATS") that apply to
your access to and use of the Site. Compliance with and acceptance of the SATS are
required in order for you to have access to and use of the Site. Please read the
SATS very carefully. We hope that you will understand that, in the complex legal
world of the internet, access and use terms are required. We have also included
below, as part of the SATS, an identification of RentalDryers.com's agent for receipt
of notice regarding copyright claims and other communications regarding the Site.
If you do not agree with or do not accept any of the SATS, please immediately exit
the Site and refrain from further access.
Thank you for your understanding. We hope that you enjoy the Site and find it useful.
Also, please keep in mind that information provided on this site and via linked
sites is not for the purposes of seeking or encouraging investment unless specifically
designated as such.
1. LIMITED LICENSE
As described below, your compliance with the SATS provides a limited, terminable
license regarding access to and use of the Site Contents. "Site Contents" or "Contents"
means images, text, information, sounds, interactive features, links, and other
features of the Site. "Site Code" means any and all underlying elements of the Site,
including, but not limited to source code, object code, and other sets of statements
or instructions that relate to the operation or functions of the Site.
You agree:
a) Not to alter the image and text in any manner or use them in
a manner specifically prohibited by these SATs or by the instructions in the Site.
b) To use the copies for your own informational purposes only.
For example, unless expressly authorized by RentalDryers.com, you agree not to place
any Site Contents on a network and will not use any Site Contents to advertise or
otherwise promote any products or services not provided by RentalDryers.com.
c) To place the following notation on your copies: " ©2010
SPX. All Rights Reserved. See RentalDryers.com for
Access and Use Terms for additional information and conditions of use.
d) RentalDryers.com may, solely in its own discretion and without
advance notice, revoke the limited license regarding all of the Site Contents or
with respect to specific images, texts or other Site features. If requested by RentalDryers.com,
you agree to cease using and/or destroy any copies of the subject Content.
e) Unless expressly permitted in writing from RentalDryers.com,
you will not frame, link, or commercially exploit either the Site, Site Contents
or the Site Code unless specifically authorized by RentalDryers.com to do so.
f) You are responsible for ensuring that other parties that have
access to the Site or Site Contents through your system or with your permission
agree to the SATS.
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS
AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, trade names, trade dress, copyrights, patent rights
and other proprietary rights in or associated with the Site, the Site Contents,
and Site Code are the properties of RentalDryers.com or its licensors. Nothing in
these SATS or any Site Contents shall convey an ownership interest or a non-terminable
license in any Site Contents or any Site Code.
3. SUBMISSIONS AND USER GRANT OF LICENSE
RentalDryers.com is pleased to hear from its customers and Site users. We welcome
your input. However, due to legal requirements, we cannot provide compensation for,
agree to consider, or agree in advance to keep confidential, any submission of creative
ideas, disclosures of inventions, other disclosures of potentially useful information,
or submissions of any other content. In order to avoid confusion and unmanageable
situations, all content submitted by you via the Site or through any contact information
provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links)
is provided with a paid-up, perpetual, non-exclusive license, effective everywhere,
to RentalDryers.com to consider, retain, copy, use, publish, modify, disclose and
otherwise exploit the content, at RentalDryers.com's sole discretion. RentalDryers.com
does not, however, engage in the practice of selling Site users identifying information
to third parties. RentalDryers.com may, in its sole discretion, determine that the
submission and its contents should be kept confidential. Any or all of these license
rights can be assigned and sublicensed by RentalDryers.com and they apply to all
manner of copying, display, distribution, transmission, storage, recording or other
media or means of exploitation now known or hereafter invented. If any applicable
law, judicial decision or regulatory requirement restricts or limits the provisions
of this paragraph, RentalDryers.com's liability, if any, will be limited in accordance
with THE LIMITATION OF LIABILITY terms in Section 6 of these SATS.
4. PUBLIC COMMUNICATIONS, FORUMS AND
INTERACTIVE FEATURES
As a convenience to visitors of the Site, RentalDryers.com may provide from time
to time, at its sole discretion, one or more chat areas, message boards, e-mail
functions, contact information, polls, surveys, and other features for use by visitors
to the Site. Such features are referred to herein as "Visitor Features."
RentalDryers.com may, in its sole discretion without advanced notice, discontinue
provision of any Visitor Features to any or all Site visitors and may, in its sole
discretion, remove any content provided by a Site visitor. Users of Visitor Features
are bound by and must comply with the SATS, and must agree not to do the following:
a) Transmit any content that is damaging, disruptive, obscene,
unlawful, inaccurate, defamatory, illegal or otherwise objectionable to RentalDryers.com;
b) Impersonate any other person or entity, provide false or misleading
identification or address information, or invade the privacy or violate the personal
or proprietary right of any person or entity;
c) Intentionally or unintentionally violate any applicable local,
state, national or international law, including but not limited to regulations having
the force of law while you are using or accessing any Visitor Features;
d) Infringe the copyrights, trademarks, or other personal or proprietary
rights of any person or entity.
RentalDryers.com hopes that all of those who use and have access to the Site will
follow the SATS and otherwise conduct themselves properly. However, RentalDryers.com
cannot be responsible for monitoring, verifying or substantiating content or code
provided by third-party users of the Site. Therefore, you agree that RentalDryers.com
shall not be liable for any breach of the SATS by third parties or for other injurious
behavior engaged in by third parties who use or gain access to the Site.
5. LINKS
Unless expressly stated otherwise by RentalDryers.com, RentalDryers.com does not
necessarily control sites that may be linked to or from the Site. RentalDryers.com
cannot monitor or otherwise evaluate such sites, and RentalDryers.com is not responsible
for any of their contents, features, codes, underlying materials, terms of access
or privacy policies. Even if you are linked to a web page other than the front page
of the linked site, you are responsible for checking that site's terms and conditions
of access and use, as well as the site's privacy policies. Materials on other sites
may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED
FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK. If
you wish to establish a link to this Site, you must obtain a license from RentalDryers.com.
6. WARRANTY DISCLAIMERS, INVESTMENT INFORMATION,
DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED TO
LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS
SITE AND LINKED SITES, ARE PROVIDED "AS IS." RentalDryers.com, ITS LICENSORS AND
SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES
INCLUDING BUT NOT LIMITED TO WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE,
(2) MERCHANTABILITY, (3) COMPLETENESS, (4) ACCURACY, (5) NON-INFRINGEMENT, AND (6)
FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH
AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM,
THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE
NOT DISCLAIMED IN THAT JURISDICTION.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER
PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH
DAMAGES, RENTALDRYERS.COM , ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS
OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES,
DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR
LOSS OF INFORMATION.
TERMS REGARDING THE DEMONSTRATION, SALE, LICENSE OR USE OF RentalDryers.com PRODUCTS
AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS.
You agree to indemnify, defend and hold harmless RentalDryers.com, its owners, affiliates,
subsidiaries, transferees, assigns and their directors, officers, employees, contractors,
licensors and suppliers against all losses, expenses, damages and costs, including
but not limited to reasonable attorneys' fees, resulting from any violation of the
SATS by you or by others that gain access to the Site through your system or to
whom you have provided access to Site Contents. RentalDryers.com reserves the option,
at its own expense, to assume the exclusive defense and control of any matter otherwise
subject to indemnification by you, in which event you shall cooperate with RentalDryers.com
in asserting any available defenses. You shall be responsible for any damages or
fines assessed due to violation of the SATS by you or others that gain access to
the Site through your system or to whom you have provided access to Site Contents.
7. PRODUCTS AND SERVICES
Products and services offered through this Site may be subject to license terms
and terms of use or sale that are in addition to, or distinct from, the SATS. Therefore,
the provision and acceptance of any such product or service shall be subject to
any additional or distinct terms supplied by RentalDryers.com or the third-party
supplier(s) of the product(s) or service(s).
8. CHANGES TO SITE OR TERMS OF ACCESS
AND USE
RentalDryers.com reserves the right, at its sole discretion, without advance notice,
to change, modify, add or remove all or any portion of the Site or the SATS. Changes
to the SATS shall be immediately effective when posted. You agree to review the
SATS periodically to be aware of any changes. Your access to and continued use of
the Site after the changes are posted shall constitute acceptance of those changes.
Also, events may occur that result in disruption or discontinuation of access to
the Site, removal of specific Site Contents or corruption of Site Code. Therefore,
RentalDryers.com reserves the right, without liability, to: (1) discontinue provision
of access to the Site to any and all users without notice; and (2) remove or modify
any Site Content.
9. CHANGES IN SITE OR RIGHTS OWNERSHIP
You agree that these SATS and RentalDryers.com's interests, rights, and obligations
hereunder, can be transferred by RentalDryers.com to a subsequent owner of an interest
in this Site.
10. PRIVACY TERMS AND ACCESS FROM OUTSIDE
THE UNITED STATES
We appreciate that you have visited our Site. Our privacy terms are meant to ensure
that the Site can operate efficiently and be used as a tool to provide services.
Sites that link to, or are linked from, this Site may have different privacy terms.
As with many other web sites, when you visit this Site, our web server or system
may automatically recognize and store information. Examples of such information
might include identification of the type of internet browser used, the type of operating
system your computer has, the name of the internet service provider, the user's
"click path," the advertisement or link used to gain access to the Site, and the
exit link or path from the Site. This type of non-personal information helps us
to evaluate the features of our Site and to determine the best ways to provide our
services. At times, we will share such information with our affiliates or parties
that are helping with our Site or working with us. If you provide personal information,
such as a name and address, we may use that information to communicate with you,
or our affiliates, or parties working with us, may use the information to communicate
with you. If any personal information is incorrect or objectionable, please contact
the RentalDryers.com agent identified in Section 11 of these SATS.
When you visit the Site, we may use the widely-used technology called "cookies."
Cookies are bits of data sent to your browser so that we can enhance or tailor your
use of the Site. Most internet browsers will allow you to erase cookies from your
computer's hard drive, block acceptance of cookies, or receive a warning that a
cookie is stored. Please note, however, that if you block cookies, some portions
of the Site may not function properly. Your computer user's manual or help screen
may contain more information on how to eliminate or control the use or storage of
cookies.
By providing personal information to our Site, all users, including, but not limited
to, users in the European Union, fully understand and consent to the collection
and processing of such information in the United States of America.
This Site is operated from a location in the State of North Carolina, United States
of America. RentalDryers.com makes no representation that the Site, the Site Contents,
links, or the Site Code are appropriate for use in countries other than the United
States.
11. COMMUNICATIONS REGARDING COPYRIGHT
AND OTHER MATTERS
If you believe that any Site Code, or Contents in a linked site or in this Site,
including but not limited to content provided by third parties via Visitor Features,
infringes a copyright or other proprietary right, please forward the following information
to our Copyright Agent at the address specified below:
a) Your name, address, telephone number, e-mail address and other
pertinent contact information;
b) A description of the copyrighted work or proprietary right that
you believe is infringed;
c) The URL or a description of where the allegedly infringing content
is located;
d) A statement by you, with respect to the copyright or other proprietary
right, that you have a good faith belief that the disputed use is not authorized
by either the owner of the asserted right, an agent of the owner, or by operation
of law;
e) An electronic or physical signature of the person authorized
to act on behalf of the owner of the asserted right;
f) A statement by you, made under penalty of perjury, that the
above information in your notice is correct and that you are the owner of the asserted
right, or are authorized to act on behalf of the owner; and
g) Any other information required for specific notice of the claim
and allegedly infringing item.
Our Copyright Agent and recipient for other communications regarding the Site is:
Webmaster, 4647 SW 40th AVE, Ocala, FL 34474 Fax: (352) 873-5153
12. JURISDICTION, DISPUTE RESOLUTION,
INTERPRETATION, SEVERABILITY AND MERGER
These SATS, and all disputes arising from or related to them, their interpretation,
or their subject matters (including but not limited to Site Contents) shall be governed
by, resolved and remedied in accordance with the laws of the State of Florida, USA
(without resort to conflict of law principles) as it applies to agreements entered
into and to be performed entirely within such State and to acts or omissions occurring
wholly within the State. Any claims arising from or related to the SATS or their
subject matters shall be brought and resolved only in the appropriate State or Federal
Courts located in Florida, and you expressly consent to the jurisdiction and exclusive
venue of said courts. However, RentalDryers.com, at its sole discretion, can also
institute or convert any action (no matter which party initiates it) to an arbitration
under the applicable rules of the American Arbitration Association, said arbitration
to: (1) apply the choice of law specified above; and (2) take place in Ocala, Florida.
If otherwise applicable hereto, the Uniform Computer Information Transactions Act
(as adopted by any State) and the United Nations Convention for the International
Sale of Goods are hereby agreed not to be applicable to these SATS and their subject
matters. In addition, all disclaimable or waivable local and international provisions
related to choice of law or dispute resolution are waived or disclaimed by you in
favor of the above choice of Florida law, jurisdiction and forums for dispute resolution.
You agree and represent that you have carefully considered the SATS and that ambiguities,
if any, shall not be enforced against the drafter but shall be fairly read so as
not to prejudice the rights of RentalDryers.com.
If any provision(s) of the SATS are deemed unenforceable in a determination by a
body with proper jurisdiction, the Parties agree (without waiving rights of appeal)
that the unenforceable provision(s) shall be: (1) reconstituted to approximate as
closely as lawfully possible the evident intent of the original provision(s); or
(2) if option (1), above, cannot be implemented, the unenforceable provision(s)
shall be excised from the SATS and the Parties shall negotiate in good faith with
respect to their modification. If the Parties cannot agree to a modification, the
SATS shall be enforced, without the unenforceable provision, in a fair manner and
without undue prejudice to either Party.
These SATs comprise the entire agreement between the Parties relating to the matters
contained herein and shall not be modified except in writing supplied by RentalDryers.com.