TERMS AND CONDITIONS OF USE
Welcome to xtremerental.net, the website for X-Treme Rental Purchase (the "Company"), which provides website features and other products and services to you when you visit or shop at the Company’s website, use the Company’s products or services, use the Company’s applications for mobile, or use software provided by the Company in connection with any of the foregoing (collectively, "Company Services"). The Company provides the Company Services subject to the following conditions.
By using Company Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Company Services, and sometimes additional terms may apply. When you use a Company Service (for example, Your Profile, Gift Cards, etc.) you also will be subject to the guidelines, terms and agreements applicable to that Company Service (the "Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of Company Services, to understand our practices.
When you use Company Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Company Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Company Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Company Service is the exclusive property of the Company and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Company Service are trademarks or trade dress of the Company in the U.S. and other countries. The Company's trademarks and trade dress may not be used in connection with any product or service that is not the Company's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Company Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
LICENSE AND ACCESS
Subject to your compliance with these Terms and Conditions of Use, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Company Services. This license does not include any resale or commercial use of any Company Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Company Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No Company Service, nor any part of any Company Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express written consent of the Company. You may not misuse the Company Services. You may use the Company Services only as permitted by law. The licenses granted by the Company terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own Company account to use certain Company Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.
The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from the Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
The Company attempts to be as accurate as possible. However, the Company does not warrant that product descriptions or other content of any Company Service is accurate, complete, reliable, current, or error-free. If a product offered by the Company itself is not as described, your sole remedy is to return it in unused condition.
"Cash Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. With respect to items sold by the Company, we cannot confirm the price of an item until you order it. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by the Company is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item. We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
When you use apps created by the Company, such as the Company App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any Company Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Company Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Company Software), technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, COMPANY'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any Company Service, or to any products or services sold or distributed by Company or through Company.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Allison Manley. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, the Company will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Company Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and the Company.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
ADDITIONAL COMPANY SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Company Services (the "Company Software").
1. Use of the Company Software. You may use Company Software solely for purposes of enabling you to use the Company Services as provided by Company, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Company Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Company Software in whole or in part. All software used in any Company Service is the property of Company or its software suppliers and is protected by United States and international copyright laws.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Company Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Company Software at any time and without notice to you.
5. Government End Users. If you are a U.S. Government end user, we are licensing the Company Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Company Software are the same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other Company or third-party terms applicable to any portion of Company Software, such as open-source license terms, such other terms will control as to that portion of the Company Software and to the extent of the conflict.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement.
If you prefer to submit a report in writing, please provide us with this information:
•A physical signature of the person authorized to act on behalf of the owner of thecopyright interest;
•A description of the copyrighted work that you claim has been infringed upon;
•A description of where the material that you claim is infringing is located on the site;
•Your address, telephone number, and e-mail address;
•A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
•A statement by you, made under penalty of perjury, that the above information in yournotice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Agent: Pro Business Link
Agent Address: 202 S. Vine St., Marion OH 43302
Agent Phone: (814) 449-5021
Agent Email: email@example.com
Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed.
We promise to never sell your personal information. This site collects usage information to provide a better web experience for our users. If you purchase something on our website we collect the personal information needed to complete the transaction. We don't keep your credit card information after a transaction is completed.
We are strongly committed to maintaining the privacy of your personal information. The following information details the personal information collected from you; how the information is used; with whom the information may be shared; and the security procedures we use to protect the information that we have collected.
When you visit xtremerental.net (“the Site”), you are agreeing to be bound by the terms and conditions of this Privacy Statement. If you do not agree, please don’t access or use the Site. You can always choose not provide information even though it might be need to complete a transaction.
Respect for Your Privacy
Your privacy is very important to us. Unless we have your consent, we will not disclose your personally identifiable information to third parties for their marketing purposes.
Minors (persons under the age of 13) are not eligible to use this Site unsupervised. We ask that they do not submit any personal information to us. You may only use this Site under the supervision of your parents or guardians if you under the age of 13.
We only collect personal information, such as name, address, and telephone number, necessary to provide a safe, smooth, efficient, customized, and enjoyable experience using the Site and services provided by X-Treme Rental Purchase.
In general, you can browse the Site without telling us who you are or revealing any personal information. But, once you give us your personal information, you are no longer anonymous to us. If you choose to use our services, we may require you to provide contact, identity, and other personal information as indicated on the forms throughout the Site. We receive and store any information you enter on the Site or give us in any other way. We indicate which fields are required and which fields are optional. You are always free to withhold information by not using a particular service or feature.
We automatically track certain information based on how you use the Site. We employ this information to do internal research on our users' demographics, interests, and behavior to better understand, protect, and serve you and our community. This information may include the URL that you just came from (whether this URL is on the Site or not), which URL you go to next (whether this URL is on the Site or not), your computer browser information, and your IP address. We may also track: the date and time the request was received, the proxy address of your Internet Service Provider (e.g. AOL, Comcast, Spectrum and so on), the name and IP address of the company server that received and logged the request, the resource on a company server that was accessed as a result of the request, such as the Web page, image and so on, the query in the request including any criteria or parameters issued with a query, such as a policyholder name or policy number, the name and version of your Web browser (e.g. Microsoft Explorer, Firefox, Google Chrome, Safari, etc.), the content of any sent or received "cookie,” that may come from an outside address that is not related to the company's server, other status codes and values resulting from the Web server responding to the request received: HTTP status code, Windows code, number of bytes sent, number of bytes received, duration (in seconds) to fulfill the request, server port number addressed, and protocol version.
We use "cookies" to help analyze our Web page flow, measure promotional effectiveness, and promote trust and safety. Cookies also help us provide information that matches your interests. You can always decline our cookies if your browser permits. This means, though, that you may not be able to use certain features on the Site.
If you choose to post messages in our discussion boards or message areas, or if you want to leave feedback for other users, we will collect that information. We retain this information to resolve disputes, provide customer support, and troubleshoot problems as permitted by law.
Other than the automatic information collection described above, we may collect certain personal information that you knowingly and voluntarily provide in order to purchase a policy. The information you supply is maintained by the company for the purpose of processing your request or inquiry. Confidentiality and security of your information is a top priority.
We use your information for our internal use to service your query or request, so that we may access your customer information. Confirmation of your purchase will be sent to the email address you provide at the time of purchase. This email address may be used for other related communications from us. Your email address will not be shared with any other party, other than the insurance carrier from whom you purchased coverage or its authorized representatives.
We use the information collected for internal system administrative purposes such as: to measure the volume of requests; specific Website pages visited; and to improve the site so as to be more responsive to user needs, etc. Your decision to use our Website will be considered your consent for us to use information collected as stated in this notice.
If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities or postings on the Site, we may collect this information in a file specific to you. We may receive information about you from other sources and add it to your account information.
Using Your Information
We use your personal information to deliver the services you request and in the file we maintain about you. This information may be used, for example, to complete a purchase transaction you have requested; resolve disputes; troubleshoot problems; measure consumer interest in our products and services; inform you about online and offline offers, products, services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our User Agreement; and in other ways we’ll describe at the time of collection.
We may use some of your personal information to improve our marketing and promotional efforts; analyze Site usage; improve our content and product offerings; and customize the Site's content, layout, and services. The aim here is always to improve the Site and tailor it to better meet your needs.
We may also use your personal information to contact you and deliver information that, in some cases, is targeted to your interests, such as administrative notices, product offerings, and communications relevant to your use of the Site, or purchase of insurance products.
Sharing Your Information
We will never disclose any of your personally identifiable information to third parties for their marketing purposes without your consent. To provide our services, however, we may disclose information to the following people:
• Advertisers. We compile data from all users and share this information with advertisers and other third parties for their marketing and promotional purposes. However, in these situations, we do not disclose any information that could be used to identify you or your contact information personally.
• Our Members. Since your User ID is displayed if you leave comments on the site, it is available to the public and all your site activities can be traced to it. If you associate your name with your User ID, people will be able to identify your site activities as yours. In this case, others may illegally attempt to automatically collect your information from these comments. We cannot guarantee that your information will not be accessed by such bad actors.
• Internal Service Providers for Our Operations. We may use third parties or “internal service providers,” to manage one or more aspects of our business, product, and service operations (such as search technology, discussion boards, payment collection, affiliate programs, fulfillment, marketing, or customer service). As a result, we may provide some of your personal information directly to these people and organizations. They are subject to confidentiality agreements with us and other legal restrictions that prohibit them from using the information we provide them for any reason except to manage the specific outsourced operation. This is binding unless you have explicitly given your prior permission to them to use this information in some other way.
• Affiliated Corporate Entities. We share much of our data, including personal information about you, with our subsidiaries and joint venture partners committed to serving your online needs and providing related services. These organizations follow privacy practices as rigorous as ours and will use the information they receive only to improve the products and services they offer you through us. In the event X-Treme Rental Purchase merges with another company or is acquired, we may provide your information to such company.
• Law Enforcement. We cooperate with law enforcement inquiries as well as other third parties to enforce laws such as intellectual property rights, copyright laws, criminal laws and fraud. So, in response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, we can disclose your name, city, state, telephone number, email address, user history, fraud complaints, without a subpoena, and without advance notice to you.
To respect your privacy and keep the community free from bad actors, we will not otherwise disclose your personal information to law enforcement or other government officials without a subpoena, court order, or similar legal procedure. (The only exception is when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.)
Your Use of Others’ Information
Under no circumstances can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with Site guidelines. Note that law enforcement personnel and other rights holders have different rights with respect to the information they access.
We do not tolerate spam. As a result, you may not add a user to your mailing list (email or physical mail) without their consent. You may not add comments to our site that promote products without our permission.
You may not use any email or messaging services we offer to send spam or other content that would violate our User Agreement. We do not permanently store email messages or the email addresses sent from these tools.
Unless stated otherwise, this Privacy Statement only addresses the use and disclosure of information we collect from you. If you disclose information to other parties, different rules may apply to their use or disclosure. Since we do not control the privacy policies of third parties, you are subject to the privacy policies of that third party. We encourage you to ask questions before disclosing your personal information to others.
The Site stores your information on our servers located in the United States of America. We use procedural and technical safeguards to protect your personal information against loss or theft. And we use unauthorized access and disclosure safeguards to protect your privacy such as encryption, firewalls and secure socket layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect this data from unauthorized access by users inside and outside the company. However, "perfect security" does not exist on the Internet. We treat your credit card and personal information with the utmost confidentiality and security. All purchase transactions are via our secure server, employing Secure Socket Layer (SSL) technology utilized by most popular browsers including Internet Explorer, Chrome, Safari and Firefox. This technology uses advanced encryption tools to protect your personal information when transmitted between your computer and our server. As an added layer of security, we do not retain your credit card information once your purchase has been processed.
Changes to the Policy Statement
Internet technology is rapidly developing, and we need to maintain our flexibility to provide you with the best possible service. Our privacy policies and practices may be amended to reflect changes in law or corporate policies. We will notify you of any such changes by posting the revised policy on our website. Your continued use of our website, products or services following any such change shall constitute acceptance of the revised policy.
If you have any questions/concerns about this policy, please email the site administrator at: