Thank you for choosing to use the Point-of-Rental® equipment rental management software developed by Overland Rentals, Inc. d/b/a Point-of-Rental (“Point-of-Rental”).
This Software License & Terms of Service (“TOS”) will govern your access to and use of the Point-of-Rental® browser-based software solution and related services (“Services”).
Your use of the Services is contingent upon your compliance with the TOS. If you are accepting the TOS on behalf of an organization, you represent that you are authorized to do so and warrant that the organization will be bound by the TOS.
Please read the TOS carefully and, if you are unable or unwilling to comply with the TOS, please discontinue use of the Services immediately and contact Point-of-Rental to delete your account.
The features available with the Point-of-Rental® browser-based solution are:
Provided that you accept and comply with the TOS, Point-of-Rental grants you the following limited license to access and use the Services for your business use:
Unless expressly authorized by Point-of-Rental in a signed writing, these rights are the only rights granted to you under the TOS.
Any violation of the TOS – including exceeding the scope of this limited license or making any Unauthorized Use of the Services, as defined below – will immediately terminate the license granted by Point-of-Rental to access and use the Services and may subject you to legal action.
“Confidential Information” means information disclosed by you to Point-of-Rental or by Point-of-Rental to you under the TOS that is marked as confidential or would be considered confidential under the circumstances of disclosure. Your Confidential Information includes Customer Information, data transmitted to Point-of-Rental by the Point-of-Rental® web-based system, and reports prepared by Point-of-Rental as part of the Services. Confidential Information of Point-of-Rental includes information relating to the Services, including but not limited to computer systems, software, correspondence, reports, processes, data, methodologies and all media containing such information.
Neither you nor Point-of-Rental will disclose or use the other’s Confidential Information except as necessary to exercise the rights and meet the obligations of the TOS. Both you and Point-of-Rental will take reasonable care to protect the other’s Confidential Information and, in any event, will use the same level of care to protect the other’s Confidential Information as you use to protect your own Confidential Information.
Confidential Information does not include information that: (a) the recipient knew prior to the disclosure; (b) becomes public through no fault of the recipient; (c) was developed by the recipient independently of access to the disclosing party’s Confidential Information; or (d) was given to the recipient by a third party.
Either you or Point-of-Rental may disclose the other’s Confidential Information if required by law or by court order but, to the greatest extent permissible under the law or court order, the party subject to the requirement must (i) notify the party that owns the Confidential Information, and (ii) allow that party an opportunity to seek to limit or block the required disclosure through legal means.
Point-of-Rental reserves the right, in its sole discretion, to modify, temporarily suspend, or discontinue the Services at any time. If Point-of-Rental changes the Services in a way that does not materially affect the performance of the Services or result in a charge for the Services, no notice is due to you. If Point-of-Rental substantially changes the Services, Point-of-Rental will notify you via email at the email address associated with the designated administrative user account.
If Point-of-Rental changes the pricing schedule for the Services, Point-of-Rental will notify you not less than thirty (30) days in advance via email at the email address associated with the designated administrative user account. If you do not contact Point-of-Rental within ten (10) business days of the email notification, you will be deemed to have agreed to the price change and, if you have elected automatic billing from a credit card or bank account, authorized Point-of-Rental to deduct the applicable charges from your account during the next billing cycle.
Likewise, Point-of-Rental reserves the right, in its sole discretion, to modify the TOS at any time. The TOS may be modified by our posting of changes to the TOS at this URL or any URL subsequently designated by Point-of-Rental. Each time you access the Services, you will be deemed to have accepted any such changes.
By agreeing to the TOS and using the Services, you agree to indemnify and hold harmless Point-of-Rental, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from and against any claim or demand made by any third party, including all costs, liabilities and legal fees, due to or arising out of (i) a third party claim relating to the Customer Information; (ii) your violation of these TOS, including any Unauthorized Use of the Services; and/or (iii) the use, failure to use, or inability to use the Services, caused directly or indirectly by you.
Point-of-Rental reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Point-of-Rental, and you agree to cooperate with Point-of-Rental’s defense of these claims. You agree not to settle any matter without Point-of-Rental’s prior written consent. Point-of-Rental will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, but no failure or delay of Point-of-Rental to notify you will waive Point-of-Rental’s right to indemnification.
Point-of-Rental will indemnify and hold harmless you, your parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from and against any claim or demand made by any third party alleging that the Services infringe or misappropriate any patent, copyright, trademark, or trade secret of that third party; provided, however, that Point-of-Rental is not obligated to indemnify you against such claims as a result of your modification or Unauthorized Use of the Services.
This indemnification is contingent upon your promptly tendering the exclusive defense and control of any matter for which you seek indemnification and your full cooperation with Point-of-Rental’s defense of the claims (at Point-of-Rental’s expense). Point-of-Rental shall have the sole and exclusive right to settle any such claim, provided that any settlement shall include a release of all liability against you.
In the event of such a claim, Point-of-Rental may, in its sole discretion, (a) obtain the right for you to continue using the Services; (b) provide a non-infringing, functionally equivalent replacement service; or (c) modify the Services so that they do not infringe. If none of these options are commercially reasonable, in Point-of-Rental’s sole discretion, Point-of-Rental may terminate the TOS and refund any prepaid fees. THIS INDEMNITY WILL BE YOUR SOLE REMEDY UNDER THE TOS FOR AN ALLEGED VIOLATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS BY THE SERVICES.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. POINT-OF-RENTAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER POINT-OF-RENTAL, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.
NEITHER POINT-OF-RENTAL, NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT POINT-OF-RENTAL AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION – WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE – EXCEED THE TOTAL AMOUNTS PAID BY YOU UNDER THESE TOS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF SERVICES. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
The TOS and the relationship between you and Point-of-Rental shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. Unless expressly waived by Point-of-Rental, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in or contiguous to Tarrant County, Texas. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these TOS must be filed within one (1) year after such claim of action arose or be forever barred. In the event of any action to enforce or interpret these TOS, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
The TOS are the entire agreement between you and Point-of-Rental relating to the subject matter herein and supersede any prior agreements between you and Point-of-Rental, unless otherwise agreed in a writing signed by both parties.
If any provision of the TOS shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, or employment is created as a result of these TOS, and you do not have any authority of any kind to bind Point-of-Rental in any respect whatsoever.
Point-of-Rental may assign its rights and obligations under the TOS, and these Terms of Service will inure to the benefit of our successors, assigns and licensees. You may not, under any circumstances, assign your rights and obligations under the TOS.
The failure of Point-of-Rental to insist upon or enforce the strict performance with respect to any provision of the TOS, or to exercise any right under the TOS, will not be construed as a waiver or relinquishment to any extent of Point-of-Rental’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
EFFECTIVE DATE: July 7, 2016