POINT-OF-RENTAL® SOFTWARE LICENSE & TERMS OF SERVICE
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:
- Catalog and manage your inventory
- Create and send quotes for prospective rental orders
- Create rental reservations
- Collect, store and retrieve electronic contract signatures
- Store customer information
- Process customer payments
- Manage accounts receivable
- Generate financial reports, including sales tax report (does not include payroll, general ledger or accounts payable reports)
- Free maintenance, hosting and updates to the software
- Encrypted backups of your data
- Email and online support
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:
- To create and use no more than the authorized number of administrative user accounts on the Point-of-Rental® browser-based interface
- To use the Services to import Customer Information relating to inventory and orders
- To use the Services to view and manipulate Customer Information
- To use the Services to process customer payments
- To use the Services to capture, store and retrieve signed customer contracts
- To use the Services to view data analytics
- To use the Services to store Customer Information on Point-of-Rental’s or its vendors’ facilities
- To view any documentation related to the Services
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.
- System Requirements. Full use of the Services requires (A) a computer with an Intel Core i3 or newer processor with 4 GB of RAM (8 GB recommended); (B) installation of the current Firefox ESR latest production or Google Chrome (Internet Explorer 11 or greater is supported, but performance may be degraded); and (C) broadband internet access. Failure to meet these minimum system requirements may result in errors or interruptions in the Services for which Point-of-Rental is not responsible.
- Customer Information. For purposes of the TOS, “Customer Information” includes but is not limited to (a) your name, business name, Services account ID and password, email address, mailing address, and telephone number(s); (b) all information regarding your equipment inventory, including but not limited to name, cost, price, detailed descriptions, rental rates, age, and demographic information; (c) all information contained in the orders you submit to Point-of-Rental, including but not limited to the name(s) and contact information of your customers, the nature and quantity of items being rented, the amount paid by the customer, signed contracts, and rental dates; and (d) your interaction with the Point-of-Rental® software, including but not limited to your activity on the browser-based interface, IP address and web host.
- By disclosing Customer Information, you represent that you have the right and authority to disclose all such Customer Information, including that owned by your customers.
- By submitting Customer Information through the Services, you authorize Point-of-Rental to use that Customer Information in any way necessary, in Point-of-Rental’s sole discretion, to provide the Services.
- As between you and Point-of-Rental, you own and control all Customer Information and all copies of Customer Information residing on Point-of-Rental’s or its vendor’s servers. You are solely responsible for producing Customer Information if required by law or by court order to do so.
- Data Security. You will be required to disclose Customer Information in order to register for an account and/or transact business using the Services. In doing so, you understand and agree that there is no such thing as perfect security online and that the following security measures are commercially reasonable and acceptable to you.
- Data Transfers. Data transfers to and from Point-of-Rental via the Services will follow generally accepted industry standards to protect Customer Information during transmission. By way of example and not limitation, Customer Information transmitted to Point-of-Rental via the administrative account is transferred over an encrypted connection.
- Data Storage. The facilities used to process and store Customer Information will follow generally accepted industry standards for secure data storage. By way of example and not limitation, Customer Information is stored in a database at Point-of-Rental’s or its vendors’ facility.
- Billing and Payment.
- Payment. You will be required to provide a credit card number upon purchasing your Services package. Unless otherwise agreed between you and Point-of-Rental, prepaid subscription fees for the following calendar month will be automatically charged to this credit card. By subscribing to and using the Services, you authorize Point-of-Rental to charge this credit card on a monthly basis. In the alternative, you may authorize Point-of-Rental to charge this credit card for one year of prepaid subscription fees, in consideration of which Point-of-Rental will offer a discount over the then-current monthly rate. Unless otherwise specified herein, prepaid subscription fees are not refundable.
- Taxes. You are solely responsible for any state, federal or local taxes that may be due as a result of your use of the Services without any offset to your monthly fees. If Point-of-Rental is obligated to collect or pay taxes as a result of offering the Services to you, any such taxes will be included in your invoice.
- Delinquent Accounts. It is your sole responsibility to keep your payment information current with Point-of-Rental. Delinquent accounts will be immediately suspended for non-payment, and Point-of-Rental reserves the right to charge interest on any past-due amounts prior to reinstating your access to the Services.
- Account Information. You are solely responsible for maintaining the confidentiality of your account information (i.e., user ID, password and/or challenge questions). Point-of-Rental is not liable for any unauthorized disclosure of Customer Information that results from your failure to adequately protect your account information.
- Unauthorized Use. You will not, nor will you permit others to, (a) sell, lease, sublicense, transfer or otherwise provide access to the Services to a third party; (b) reverse engineer, decompile, data mine, record, “scrape,” link to, collect information or otherwise manipulate the Services or any content of the Services; (c) attempt to create a substitute or similar service through use of or access to the Services; (d) submit Customer Information that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Point-of-Rental’s sole discretion); (e) submit Customer Information that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (f) submit Customer Information that you do not have authority to disclose or that would constitute infringement of any patent, trademark, copyright, trade secret or other proprietary rights of any party, including but not limited to the proprietary rights of your customers. Each and every one of the foregoing actions is an “Unauthorized Use.” You will promptly notify Point-of-Rental of any Unauthorized Use of which you become aware.
- End User Compliance. You are solely responsible for ensuring compliance with the TOS by any individual users of the Services, including administrative users and employees (“End Users”). You will use reasonable efforts to supervise End Users, prevent Unauthorized Use of the Services by End Users, terminate any Unauthorized Use by End Users, and report to Point-of-Rental any Unauthorized Use by End Users.
“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’s Intellectual Property. Point-of-Rental owns all right, title and interest in and to the Services and all computer systems, software, correspondence, reports, processes, data, methodologies, images, graphics and trademarks, including, but not limited to rights in inventions, patents, trade secrets, computer software, copyright, trademark and trade dress throughout the world (“Point-of-Rental Intellectual Property”). Except as expressly granted herein, nothing in the TOS or your use of the Services grants to you any rights in the Point-of-Rental Intellectual Property.
- Your Intellectual Property. You retain all right, title and interest in and to the Customer Information. Except as required for Point-of-Rental’s performance of the Services, nothing in the TOS or your use of the Services grants to Point-of-Rental any rights in your intellectual property.
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.
TERMINATION AND SUSPENSION OF ACCOUNTS
- Suspension by Point-of-Rental. Point-of-Rental may suspend your or any End User’s account at any time if, in Point-of-Rental’s sole discretion, (a) an End User has violated the TOS; (b) there is a security issue that could disrupt the Services for you or any other user; (c) your account information has been accessed without authorization by a third party; or (d) your account is delinquent. The suspension will last as long as is required for Point-of-Rental to be assured that the issue has been fully resolved.
- Termination by Customer.
- For Breach. In the event of a breach of these TOS by Point-of-Rental, you must provide written notice to Point-of-Rental of such breach and your intention to terminate. If Point-of-Rental has failed to cure its breach within thirty (30) days of the date your notice is received, termination will be effective on the last day of the then-current billing period.
- For Convenience. You may terminate your subscription to the Services upon thirty (30) days’ written notice to Point-of-Rental by certified mail care of Contracts, 1901 N State Hwy 360, STE 340, Grand Prairie, TX 75050. Termination will be effective on the last day of the billing period following the end of the 30-day notice period. No prepaid subscription fees will be refunded upon termination for convenience.
- Termination by Point-of-Rental. Point-of-Rental may terminate your account in its sole discretion upon thirty (30) days’ written notice to you via email at the email address associated with the designated administrative user account. However, you understand that Point-of-Rental may terminate your account immediately upon learning that you have breached the TOS in any way, including but not limited to making an Unauthorized Use of the Services.
- Effect of Termination. If your account is terminated – whether by you or by Point-of-Rental – we will maintain the Customer Information stored on Point-of-Rental’s or its vendors’ servers for at least thirty (30) days. Point-of-Rental reserves the right to charge a processing fee for the retrieval of any such Customer Information. If after thirty days you have not retrieved or requested return of your Customer Information, Point-of-Rental reserves the right to delete the Customer Information. Point-of-Rental will have no liability for any Customer Information that is deleted more than thirty (30) days after the date of termination.
INDEMNIFICATION BY YOU OF POINT-OF-RENTAL
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.
INDEMNIFICATION BY POINT-OF-RENTAL OF YOU
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.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
CHOICE OF LAW AND FORUM
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: March 21, 2017