Terms of Site Use


 
 
 

This Terms of Use Agreement ("Terms of Use") applies to your use of the City Equipment, LLC websites located at https://cityequipmentfl.com/ and https://www.cityequipmentfl.com/and its aliases as may be employed, from time to time, (collectively, the "Site"), whether directly or through mobile access using compatible and supported wireless devices. The Site is the property of City Equipment, LLC .

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.

Before you make any purchases or rentals of equipment, goods, or services, you must first establish a customer account (your “Account" or Profile) or otherwise agree to the Rental and Service Terms, which are located at https://cityequipmentfl.com/docs/equipment-lease-agreement.pdf for United States transactions or at https://cityequipmentfl.com/docs/rental-service-terms-CA-ENG for Canadian transactions, in each case as amended from time to time. Please see Section 5 for more information and for other applicable terms and conditions.

City Equipment, LLC reserves the right, at its sole discretion, to change, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use each time before using the Site. Your continued use of the Site following the posting of changes manifests your agreement to the changes. You agree that all subsequent purchases or rentals by you will be subject to the terms and conditions of these Terms of Use, which shall apply until we post a modified Terms of Use and then in accordance with such modified Terms of Use. As long as you comply with these Terms of Use and any such modifications, City Equipment, LLC grants you ("you") a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to enter and use the Site.

1. Content and Intellectual Property.

A. City Equipment, LLC 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 City Equipment, LLC , 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 City Equipment, LLC ' 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 City Equipment, LLC reserves all rights not expressly granted hereunder. City Equipment, LLC expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Site.

City Equipment, LLC , the City Equipment, LLC ' elliptical design and other trademarks used on the Site, are registered trademarks or service marks of City Equipment, LLC . All other trademarks or service marks are property of their respective owners. The use of any City Equipment, LLC trademark or service mark without City Equipment, LLC ' express written consent is strictly prohibited.

B. 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. City Equipment, LLC 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 City Equipment, LLC a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Site and as part of City Equipment, LLC ’ 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 City Equipment, LLC a perpetual, worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting the Site, City Equipment, LLC , and/or their respective services. City Equipment, LLC will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Site. City Equipment, LLC 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 City Equipment, LLC 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, City Equipment, LLC ’ operations, or Untied 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. City Equipment, LLC 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 City Equipment, LLC and/or the Site. City Equipment, LLC reserves the right to expel you and/or any other users and prevent their further access to the Site and/or use of City Equipment, LLC services for posting User Content that is subject to termination or for otherwise violating the Terms or applicable laws, rules or regulations. City Equipment, LLC 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 City Equipment, LLC , damage City Equipment, LLC ’ brand or public image, or cause City Equipment, LLC to lose users or (in whole or in part) the services of its ISPs or other vendors or suppliers.

City Equipment, LLC 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.

City Equipment, LLC 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 City Equipment, LLC deems appropriate in its sole discretion.

2. Registration, Customer Account and Use of Site.

Certain services offered on or through the Site require you to first open an Account. You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify City Equipment, LLC at the address set forth in Section 4 below immediately of any unauthorized use of your Account or password, or any other breach of security. You may be held liable for losses incurred by City Equipment, LLC or any other user of the Site due to someone else using your password or Account. You may not use anyone else's password or customer account at any time. You may not attempt to gain unauthorized access to Accounts or the Site. Should you attempt to do so, assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your customer Account will be terminated, and City Equipment, LLC may seek other relief. You agree to provide us with accurate, current and complete information about yourself and your billing information. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by editing your Profile. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site.

You also agree that City Equipment, LLC may, in its sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of this Terms of Use, (5) failure to pay for purchases or rentals, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that City Equipment, LLC will not be liable to you or to any third party for termination of your access to the Site.

City Equipment, LLC reserves the right to investigate complaints or reported violations of these Terms of Use, applicable licenses and/or copyright information on the Site, and to take any action they deem appropriate, including, without limitation, reporting and providing information of any suspected unlawful activity to law enforcement officials, regulators, or other third parties, including disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

The Site is intended only for users who are above 13 years of age and reside in the United States or Canada. By using the Site, you represent and warrant that you are over the age of 13 and that you reside in and are accessing the Site from within the United States or Canada. If you do not meet these requirements, you must not access or use the Site in any way.

3. Consent to Collection, Use and Disclosure of Your Personal Information.

As more fully described in our Privacy Policy, located at https://cityequipmentfl.com/docs/privacy-policy.pdf 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 City Equipment, LLC operates. By utilizing our Site, you consent to any such transfer of information outside of your country of residence.

While City Equipment, LLC 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 City Equipment, LLC 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 City Equipment, LLC WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.

4. 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 City Equipment, LLC 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:

Attn: Privacy Officer
City Equipment, LLC
506 Orange Avenue
Daytona Beach, FL 32114
United States

Please be sure to include your full name, address, telephone number and email address so that we may reach you with a response.

5. Terms and Conditions of Rental or Services.

By renting or buying any goods and/or services on our Site: (a) in the United States, you agree to be bound to the Rental and Service Terms, located at https://cityequipmentfl.com/docs/equipment-lease-agreement.pdf, as amended from time to time (collectively the “Rental and Services Terms”).

You acknowledge that the Rental and Services Terms may change [in whole or in part] over time and agree to be bound by such version of the Rental and Services Terms in use at the time of each rental, sale or service transaction in the jurisdiction where the purchase or rental occurs. The terms and conditions of the Rental and Services Terms are incorporated herein. If you have any questions, please contact us directly before completing any transaction on the Site.

6. Methods of Payment, Credit Card Terms and Taxes.

All payments must be made by VISA, MasterCard, Discover, American Express, certified check or cashier's check, or, in certain cases with prior approval, purchase order, personal check or business check. We currently do not accept cash, personal or business checks, or other payment forms. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Terms of Use to determine your rights and liabilities as a cardholder. YOU, AND NOT City Equipment, LLC , ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases and rentals (including any applicable taxes) at the rates in effect when the charges were incurred. If City Equipment, LLC does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by City Equipment, LLC or its agents. You are responsible for paying any governmental taxes imposed on your purchases and rentals, including, but not limited to, sales, use or value-added taxes. City Equipment, LLC shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within any states, provinces, territories or localities that it deems is required.

7. Order Acceptance Policy.

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell or rent. City Equipment, LLC reserves the right at any time after receipt of your order to accept or decline your order for any reason. City Equipment, LLC further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by City Equipment, LLC upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order.

8. No Responsibility to Sell or Rent Mispriced Products or Services.

City Equipment, LLC shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. City Equipment, LLC shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase or rental and your order is canceled, City Equipment, LLC shall immediately issue a credit to your credit card account in the amount of the charge.

9. Modifications to Prices or Billing Terms.

City Equipment, LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD OR RENTED, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.

10. Service and Support for Goods Sold or Rented.

All requests for technical service and support should be made directly to the manufacturer in accordance with their terms and conditions.

11. Indemnification.

By using the Site, you agree to defend, indemnify and hold harmless City Equipment, LLC , 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 City Equipment, LLC ; and
(v) any User Content that you submit. You may not settle any claim without the prior written consent of City Equipment, LLC , which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify City Equipment, LLC for its own wrongful acts or omissions or sole negligence.

12. 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. City Equipment, LLC 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.

13. LIMITATION OF LIABILITY.

IN NO EVENT SHALL City Equipment, LLC 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 City Equipment, LLC 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 City Equipment, LLC SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF City Equipment, LLC 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 City Equipment, LLC SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO City Equipment, LLC IN CONNECTION WITH THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON THE SITE.

14. Claims of Intellectual Property Infringement.

Copyright

City Equipment, LLC 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, City Equipment, LLC shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, City Equipment, LLC has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. City Equipment, LLC respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Site, please contact our Legal Department, at 386 882 8955, or mail at:

Attn: Legal Department
City Equipment, LLC
506 Orange Avenue
Daytona Beach, FL 32114
United States

Any written notice describing the infringing activity must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the material that is allegedly infringed;
  2. A description of the allegedly infringing work or material;
  3. A description of where the allegedly infringing material is located on the Site;
  4. Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address;
  5. 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
  6. 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

City Equipment, LLC may remove or disable User Content that is alleged to violate any person’s trademark, publicity or similar rights. Except as provided by law, City Equipment, LLC shall have the right, but not the obligation, to terminate an account that it believes has been an instrument of unlawful infringement In addition, City Equipment, LLC has implemented procedures for receiving written notification of claimed trademark infringement. City Equipment, LLC respects the intellectual property of others and we ask others to do the same. If you believe that your trademark has been infringed through the Site, please contact our Legal Department, at 386 882 8955, or mail at:

Attn: Legal Department
City Equipment, LLC
506 Orange Avenue
Daytona Beach, FL 32114
United States

Any written notice describing the infringing activity must include the following information:

  1. a copy of the certificate of registration received from the United 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);
  2. your contact information, including full name, address, email, telephone number, and fax number; and
  3. a statement identifying:
    a. the material that you believe is infringing (the “Allegedly Infringing Material”), as well as the party posting the Allegedly Infringing Material;
    b. the trademark, service mark, trade dress, or name (the "Mark") that you believe to be infringed;
    c. the jurisdiction or geographical area in which the Mark is valid;
    d. the name, post office address and telephone number of the owner of the Mark identified above;
    e. the goods and/or services covered by or offered under the Mark;
    f. the date of first use of the Mark;
    g. the date of first use of the Mark;
    h. the goods and/or services covered by or offered under the Allegedly Infringing Material;
    i. the precise location of the Allegedly Infringing Material, including URL address; and
    j. a good faith certification, signed under penalty of perjury, stating:
    i. the name of the complaining party,
    ii. the Allegedly Infringing Material infringes the rights of the complaining party,
    iii. the Mark being infringed, and
    iv. use of the Mark is unauthorized and not defensible.

Upon receipt of the appropriate information identified above, City Equipment, LLC will investigate the complaint, during which time City Equipment, LLC , 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 City Equipment, LLC server, temporarily remove or deny access to the Allegedly Infringing Material.

If City Equipment, LLC concludes that the complaining party has raised a legitimate infringement claim, or that it appears valid on its face, City Equipment, LLC 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 City Equipment, LLC server, deny access to the Allegedly Infringing Material. If City Equipment, LLC 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, City Equipment, LLC may, at its sole discretion, restore access to the Allegedly Infringing Material.

Counter Notification Policy

If City Equipment, LLC has forwarded to you a notice of copyright or trademark infringement, you (“alleged Infringer”) may provide a “Counter Notification” by contacting City Equipment, LLC at the above contact information, and including the following:

  1. An electronic signature of the alleged Infringer.
  2. 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.
  3. 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.
  4. 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 Middle District of Florida, or, if the alleged Infringer's address is outside of the United States, of any U.S. District Court.

In all cases involving claimed copyright infringement, and where appropriate in City Equipment, LLC ’ sole discretion regarding claimed trademark infringement, upon receipt of a Counter Notification as described above, City Equipment, LLC will promptly provide the complaining party with a copy of the Counter Notification, and inform the complaining party that City Equipment, LLC will replace the removed material, or cease disabling access to it, in 10 business days. City Equipment, LLC 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 City Equipment, LLC 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.

15. Links To Third Party Websites.

This Site may contain links to websites maintained by third parties. All links are provided for your reference only. City Equipment, LLC 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.

16. General.

No delay or failure to take action under these Terms of Use shall constitute any waiver by City Equipment, LLC 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 City Equipment, LLC ' 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. City Equipment, LLC 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 City Equipment, LLC 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 United States law and, specifically, the laws of the State of Florida 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 Florida, 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. Each provision of the herein stated terms shall be severable and voidance of one tem shall not affect the remaining terms.

17. City Equipment, LLC Training Site

If you visit or use the City Equipment, LLC Training Site and/ or related aspects of the Site, including, but not necessarily limited to, https://cityequipmentfl.com/school/ and any subpages thereof (collectively, for purposes of this Section, “City Equipment, LLC Training Site Pages”), you agree to the terms of this Section in addition to the entirety of the Terms of Use.

Materials for Information Purposes Only

All Content appearing on City Equipment, LLC Training Site Pages, including, but not limited to, all training materials and other written and electronic materials provided to you in conjunction with any training programs purchased through the Site, are provided as a service to City Equipment, LLC Training Site customers and are for informational purposes only. City Equipment, LLC makes no representations about the suitability of any training materials or any other Content for any purpose.

Description of Service

On City Equipment, LLC Training Site Pages, City Equipment, LLC is providing you with online training services. You are responsible for and must provide: (1) all equipment necessary for your own Internet connection, including computer and modem or portable device; (2) provide for your access to the Internet; and (3) pay any fees related to such connection.

Links to Other Sites

City Equipment, LLC Training Site Pages may contain links to other sites operated by third parties, including online Training Sites and sites used for course evaluations and surveys. City Equipment, LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by City Equipment, LLC of the site or any association with its operators. While City Equipment, LLC will make every effort to ensure that these sites will meet your approval, City Equipment, LLC does not have control over, and is in no manner responsible or liable for, the availability and content of the sites to which City Equipment, LLC Training Site Pages are linked. City Equipment, LLC is not responsible for webcasting or any other form of transmission received from any linked site. These sites also may have different terms and conditions and privacy policies than those applicable to City Equipment, LLC Training Site Pages. Any concerns regarding any product or service offered by a site or sites to which City Equipment, LLC Training Site Pages are linked or the link itself should be directed to the operator of that specific site and not to City Equipment, LLC .

City Equipment, LLC Owns the Contents It Provides/Copyrights and Trademarks

Unless otherwise noted, all Content, including without limitation all training materials and written or electronic materials provided to you in conjunction with any training programs available on City Equipment, LLC Training Site Pages and/or purchased through the Site, except proprietary material of third parties contained in sites linked to the Site ("City Equipment, LLC Training Site Proprietary Material"), is the exclusive property of City Equipment, LLC and its licensors. City Equipment, LLC Training Site Proprietary Material is protected by applicable worldwide intellectual property rights and, except as provided by these Terms, City Equipment, LLC grants no express or implied right to use any City Equipment, LLC Training Site Proprietary Material. All Content appearing on City Equipment, LLC Training Site Pages or in training materials acquired or derived from City Equipment, LLC Training Site Pages is protected by copyright under both United States and foreign laws. All rights reserved. All rights not expressly granted in these Terms of Use are reserved by City Equipment, LLC and/or its licensors.

Indemnification by You

In addition to other the indemnification provisions described above, by using or visiting City Equipment, LLC Training Site Pages, you agree to defend, indemnify and hold harmless City Equipment, LLC , 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 City Equipment, LLC Training Site Pages and/or Content thereon;
(ii) the provision of any training programs to you by City Equipment, LLC Training Site; and
(iii) a claim alleging your negligence or willful misconduct related to City Equipment, LLC Training Site Pages or the provision of any training programs to you by City Equipment, LLC Training Site. You may not settle any claim without the prior written consent of City Equipment, LLC , which shall not be unreasonably withheld. You shall not be required to defend, hold harmless or indemnify City Equipment, LLC for its own wrongful acts or omissions or sole negligence.

Training Materials Disclaimer

City Equipment, LLC strives to ensure the accuracy and relevance of our training and exam materials, however, City Equipment, LLC makes no warranties of accuracy. If you are aware of errors in our training or exam materials, please contact us immediately at [email protected]

Anti-Discrimination

City Equipment, LLC Training Site does not discriminate on the basis of race, color, religion, national origin, family composition, or sexual orientation in the administration of its continuing education and training programs.

Conflict of Interest

No employee of City Equipment, LLC Training Site shall own or have any interest, directly or indirectly, in any product, instrument, device or materials that may be used by City Equipment, LLC Training Site.

Last modified: September 6 2020

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