| PLEASE READ THIS "TERMS OF USE" AGREEMENT CAREFULLY BEFORE
USING THIS SITE |
| McGrath RentCorp, dba TRS-Rentelco ("Mcgrath TRS-Rentelco”, or “us” or “we”),
provides this web site and all site-related information and services
(collectively, the “Site”) subject to your compliance with the terms and
conditions set forth in this agreement (the “Agreement”). By using the Site,
you agree to be bound by these terms and conditions. If you do not agree to
these terms and conditions, please do not use the Site. This Agreement is made
between TRS-Rentelco and you, the Site visitor and/or member (“you”). We
reserve the right at any time to: · Change the terms and conditions of this
Agreement; · Change the Site, including eliminating or discontinuing any
content on or feature of the Site; or · Change any fees or charges for use of
the Site. Any changes we make will be effective immediately upon notice, which
we may provide by means including, without limitation, posting on the Site or
via electronic mail. Your use of the Site after such notice will be deemed
acceptance of such changes. Be sure to review this Agreement periodically to
ensure familiarity with the most current version. Upon our request, you agree
to sign a non-electronic version of this Agreement. |
| 1. Code of Conduct: |
| While using the Site, you agree not to: · Use any robot, spider, site
search/retrieval application, or other manual or automatic device or process to
retrieve, index, “data mine,” or in any way reproduce or circumvent the
content, navigational structure or presentation of the Site; · Modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or disassemble any
portion of the Site; · Harvest or collect information about Site visitors or
members without their express consent; · Restrict or inhibit any other visitor
or member from using the Site, including, without limitation, by means of
"hacking" or defacing any portion of the Site; · Use the Site for any unlawful
purpose; · Transmit (a) any content or information that is unlawful,
fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes on our or any third party’s intellectual property
or other rights; (b) any material, non-public information about companies
without the authorization to do so; (c) any trade secret of any third party; or
(d) any advertisements, solicitations, chain letters, pyramid schemes,
investment opportunities, or other unsolicited commercial communication (except
as otherwise expressly permitted by us), · Engage in spamming or flooding; ·
Transmit any software or other materials that contain any virus, worm, time
bomb, Trojan horse, or other harmful or disruptive component; · Remove any
copyright, trademark, or other proprietary rights notices contained in the
Site; · "Frame" or "mirror" any part of the Site without our prior written
authorization; or · Link to any page of or material on the Site other than the
URL located at www.TRS-RenTelco.com. While using the Site, you agree to comply
with all applicable laws, rules and regulations. |
| 2. Rental and Purchase Agreements Between You and
TRS-Rentelco: |
| Any purchase or rental of any products by you will be governed by a separate
rental or purchase agreement and all of your rights and remedies relating to
your order, rental and use of any such products are governed by such separate
agreement. |
| 3. Registration: |
| Some areas of the Site, and the right to enjoy certain services, may require
you to be or become an E-Customer Services member. When and if you register to
become a member, you agree to (a) provide accurate, current, and complete
information about yourself as prompted by our registration form (including your
email address) and (b) to maintain and update your information (including your
email address) to keep it accurate, current, and complete. You acknowledge
that, if any information provided by you is untrue, inaccurate, not current, or
incomplete, we reserve the right to terminate this Agreement and your use of
the Site. As part of the registration process, you will be asked to provide an
email address (username) and password. We may refuse to grant you use of an
email address that is already registered, is or may be illegal, is or may be
protected by trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole discretion.
You will be responsible for the confidentiality and use of your email address
and password and agree not to transfer or resell your use of or access to the
Site to any third party. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE
CONFIDENTIALITY OF YOUR EMAIL ADDRESS AND PASSWORD AND ENTIRELY RESPONSIBLE FOR
ANY AND ALL ACTIVITIES (INCLUDING SERVICE REQUESTS, AS APPLICABLE) THAT ARE
CONDUCTED THROUGH YOUR ACCOUNT. |
| 4. Privacy: |
| Certain information about you is subject to the TRS-Rentelco's privacy policy.
For more information, please see the full TRS-Rentelco privacy policy at
www.TRS-RenTelco.com. |
| 5. Accuracy of Content: |
| As our availability and descriptions for products and services may change from
time to time, and as you may have access to information on the Site provided by
third parties, TRS-Rentelco does not guarantee the accuracy, integrity or
quality of any product lists, model numbers, product information and
availability information and any other information, data, text, messages or
materials posted on the Site and any web pages linked therefrom ("Content").
Under no circumstances will TRS-Rentelco be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for any loss or damage of any kind incurred as a result of the use of any
Content posted, emailed or otherwise transmitted via the Service. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness of
such Content. In this regard, you acknowledge that you may not rely on any
Content created by TRS-Rentelco or submitted to TRS-Rentelco. |
| 6. Links: |
| The Site may provide, or third parties may provide, links to other World Wide
Web sites or resources. You acknowledge and agree that TRS-Rentelco is not
responsible for the availability of such external sites or resources, and does
not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. You
further acknowledge and agree that TRS-Rentelco shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods
or services available on or through any such site or resource. |
| 7. Ownership and Restrictions on Use: |
| The Site is owned and operated by us in conjunction with others pursuant to
contractual arrangements. You may not copy, reproduce, republish, upload, post,
transmit or distribute materials from the Site in any way, without our prior
written permission. Modification of the materials or use of the materials for
any other purpose is a violation of our copyright and other proprietary rights,
and is strictly prohibited. You acknowledge that you do not acquire any
ownership rights by using the Site. “TRS-Rentelco.com,” and the TRS-Rentelco
logo, are trademarks and/or service marks of TRS-Rentelco. All other
trademarks, service marks, and logos used on the Site are the trademarks,
service marks, or logos of their respective owners. |
| 8. Termination: |
| This Agreement shall remain effective until terminated in accordance with its
terms. Either party may terminate this Agreement immediately upon notice to the
other party. In addition, we reserve the right to immediately terminate this
Agreement, and/or your access to and use of the Site or any portion thereof, at
any time and for any reason, with or without cause. Upon termination of this
Agreement by either party, your right to use the Site shall immediately cease,
and you shall destroy all materials obtained from the Site and all copies
thereof, whether made under the terms of this Agreement or otherwise. |
| 9. Disclaimers: |
| THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES OBTAINED THROUGH THE SITE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
TRS-Rentelco AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. TRS-Rentelco AND ITS
AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL
BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF TRS-Rentelco OR ITS AFFILIATES,
SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE,
SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED
THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. |
| 10. Limitation of Liability: |
| THE SITE, THE MATERIALS ON THE SITE, AND THE SERVICES OBTAINED THROUGH THE SITE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW,
TRS-Rentelco AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A
PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied
warranties, so the above exclusions may not apply to you. TRS-Rentelco AND ITS
AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL
BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR
OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT
NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE
THEREON. NO OPINION, ADVICE, OR STATEMENT OF TRS-Rentelco OR ITS AFFILIATES,
SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE,
SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED
THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK. |
| 11. Indemnification: |
| You agree to indemnify, defend and hold us, our officers, directors, employees,
agents and representatives harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys’ fees), or other
expenses that arise directly or indirectly out of or from (a) your breach of
this Agreement, including any violation of the Code of Conduct above; (b) any
allegation that any materials that you submit to us or transmit to the Site
infringe or otherwise violate the copyright, trademark, trade secret or other
intellectual property or other rights of any third party; and/or (c) your
activities in connection with the Site. |
| 12. Forward Looking Statements: |
| Some of the information on this web site may contain projections or other
forward-looking statements regarding future events or the future financial
performance of TRS-Rentelco. We wish to caution you that these statements are
only predictions and that actual events or results may differ materially. We
refer you to the documents TRS-Rentelco (McGrath RentCorp) files from time to
time with the Securities and Exchange Commission, specifically, TRS-Rentelco's
Registration Statement on Form S-1. These documents contain and identify
important factors that could cause actual results to differ materially from
those contained in our projections or forward-looking statements. |
| 13. Miscellaneous: |
| This Agreement is governed by and construed in accordance with the laws of the
State of California, United States of America, without regards to its
principles of conflicts of law. You agree to personal jurisdiction by the
federal and state courts located in the County of San Francisco, located in San
Francisco, California, United States of America, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts. If any provision of
this Agreement is found to be unlawful, void, or for any reason unenforceable,
then that provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of any remaining provisions. This is the
entire Agreement between us relating to the subject matter herein and
supersedes and any all prior or contemporaneous written or oral Agreements
between us. This Agreement is not assignable, transferable or sublicensable by
you except with TRS-Rentelco's prior written consent. No waiver by either party
of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. Any heading, caption or section
title contained in this Agreement is inserted only as a matter of convenience
and in no way defines or explains any section or provision hereof. |
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