1 IMPORTANT NOTICE
1.4 Please note that when you are using the Website to purchase products or services, you should also refer to the Protec Equipment Resources Master Rental Agreement and are included in any Quote to do business. Other additional terms and conditions may apply to services provided by us (“Additional Terms”). Where Additional Terms apply, we will make them available for you to read through before your use of that service. By using the service, you agree to the Additional Terms.
2 PURPOSE OF WEBSITE
2.1 The Website is designed for information and e-commerce purposes only and to give users the facility to enquire about equipment availability. Any information exchanged shall not be considered contractual or binding in any way, unless otherwise expressly stated by us.
3 USE OF THE WEBSITE
3.1 You must be at least 18 years old to use the Website.
3.2 You may use this Website for lawful purposes only. You must not use the Website in any way that breaches or violates any applicable local, national or international law or regulation or which is in any way unlawful or fraudulent.
3.3 You may download, save and print copies of the information on this Website solely for your reference only.
3.4 You may not, without first obtaining express written consent from us:
3.4.1 copy (including storing and downloading), distribute, publish, alter, adapt, create derivative works from, or otherwise use the material on this Website, either in whole or in part except as expressly permitted above;
3.4.2 remove any copyright, trademark or other intellectual property notices;
3.4.3 link to or from this Website; or
3.4.4 use, display, mirror or frame the Website or any individual element within the Website, our name, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page.
3.5 You may not:
3.5.1 use any means to “scrape,” “crawl,” or “spider” any Web pages contained in the Website (although we do allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials, and we reserve the right to revoke these exceptions either generally or in specific cases);
3.5.2 use automated methods to use the Website in a manner that sends more requests to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional Web browser;
3.5.3 interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
3.5.4 register for more than one account or register for an account on behalf of an individual other than yourself;
3.5.5 access, tamper with, or use non-public areas of the Website, our computer systems, or the technical delivery systems of our providers;
3.5.6 attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
3.5.7 avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Website;
3.5.8 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or
3.5.9 advocate, encourage, or assist any third party in doing any of the foregoing.
4 ACCESS TO RESTRICTED PAGES
4.1 Where access to part of the Website is restricted by a password, no person other than the holder of a password granted by us may try to access that part of the Website. You are responsible for all access of the Website using your password.
5 USE OF INFORMATION FROM WEBSITE
5.1 The Website is intended to provide general information only and does not attempt to provide advice of any sort.
5.2 Whilst every attempt is made to ensure the accuracy of the information when first published, we cannot guarantee its accuracy and you should recognize that information on this Website may become out of date over time.
5.3 If you are dissatisfied with the Website or any content or material on it, your sole exclusive remedy is to discontinue use of the Website.
5.4 We reserve the right at any time and without any notice to remove, amend or vary any of the content which appears on this Website.
6 AVAILABILITY OF THE WEBSITE
6.1 We reserve the right to suspend access to all or part of the Website or close it indefinitely without notice. Access may be terminated or suspended either in relation to specific users or to all users.
7 VIRUS PROTECTION
7.1 You are solely responsible for ensuring that you have suitable equipment and security and virus protection in place before using the Website.
7.2 You must not attempt to gain unauthorized access to our Website, the servers on which our Website is stored or any server computer or database connected to our Website.
8.1 Protec Equipment Resources, Inc. is the owner or licensee of the Website, all materials and rights in those materials, which appear on the Website (“Website Content”), including all trademarks, copyrights, design rights and all other intellectual property rights. The Website Content includes the text, photographs, images, graphics, illustrations, designs, written and other materials, including the program and code.
8.2 If you acquire any rights in or to the Website or Website Content, you agree to irrevocably assign those rights, on a worldwide basis, without payment of any kind, to us and unconditionally and irrevocably to waive all moral rights you may have acquired in the Website.
9.1 Certain names, words, phrases, logos, graphics or designs used on the Website may constitute registered or unregistered trademarks owned by us or others who license us to use them.
9.2 You are not entitled to reproduce or use in any way any of our trademarks (or those of any third party) without our (or their) written permission.
10 LINKS TO EXTERNAL WEBSITES
10.1 This Website may contain links to third party websites. These third-party websites are not under our control and we are not responsible for the content of any linked website nor do we accept liability in respect of the content of such third-party websites. Listing and linking should not be taken as an endorsement of the linked website or any advice or information contained on the linked website. We cannot guarantee that these links will work all of the time and have no control over the availability of the linked websites.
10.2 If you wish to provide a hypertext or other link to or from this Website, you will first need to obtain our written consent. We have sole discretion to permit or reject any such requests. Requests should be sent to Protec Equipment Resources, Inc. 1517 West Carrier Pkwy Suite 116, Grand Prairie, Texas 75050, along with the following information:
10.2.1 the URL(s) of the website from which you are proposing to link to this Website; or
10.2.2 the URL(s) of the webpages on this Website which you are proposing to link and we will consider your request.
11 USE OF PERSONAL INFORMATION
12 OUR LIABILITY AND DISCLAIMER
12.1 YOU USE THE WEBSITE AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT).
12.2 IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE WEBSITE), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE WEBSITE. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE WEBSITE.
12.3 WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED OR OFFERED ON OR THROUGH THE WEBSITE OR ANY LINKED WEBSITE.
12.4 YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
12.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO USE OF THE SITE OR SERVICES.
15 PRODUCT AVAILABILITY; COMPLIANCE WITH LOCAL LAW
15.1 This Website may be accessed from countries other than the United States. This Website may contain products or references to products that are not available in certain countries or regions. If you access this Website outside of the United States, you are responsible for complying with your local laws and regulations.
16 WHO YOU ARE CONTRACTING WITH; GOVERNING LAW AND JURISDICTION
Protec Equipment Resources, LLC
1517 West Carrier Pkwy Suite 116
Grand Prairie, Texas 75050
17 OTHER PROVISIONS
17.1 Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.