VOLVO CONSTRUCTION EQUIPMENT RENTS, INC.
WEB SITE TERMS AND CONDITIONS
The web sites (collectively, the “Volvo Rents Web Sites,” and each, a “Site”) operated by Volvo Construction Equipment Rents, Inc. (“Volvo Rents”) are offered to you conditioned on your acceptance of the terms, conditions, and notices contained in these Terms and Conditions. Please read these Terms and Conditions carefully before using this or any Volvo Rents Site. By accessing or using a Volvo Rents Web Site, you agree to be bound to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use any Volvo Rents Web Site.
In addition, when using a particular Volvo Rents Web Site, or when using particular features or services on any Volvo Rents Web Site (e.g., promotional, sweepstakes, or interactive areas), your use will be subject to any posted guidelines or rules applicable to such sites, features and services (collectively, “Additional Terms”), all of which are incorporated herein by reference. In the event that these Terms and Conditions conflict with the Additional Terms, then these Terms and Conditions shall control.
MODIFICATION OF THESE TERMS AND CONDITIONS.
Volvo Rents reserves the right to change these Terms and Conditions from time to time, and at any time, with or without notice to you, by posting such changes on the applicable Sites. You are responsible for regularly reviewing these Terms and Conditions. By using a Site following any modifications to these Terms and Conditions, you agree to be bound by any such modifications to these Terms and Conditions.
USE OF SITE; PERSONAL AND NON-COMMERCIAL USE LIMITATION.
The Volvo Rents Web Sites are for your personal and noncommercial use only. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Volvo Rents Web Sites, without the prior written permission of Volvo Rents.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download onto a single personal computer and print single hard copy portions of the material from a Site solely for your own internal, noncommercial, lawful use. If you make other use of a Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.
You may not: (a) engage in harvesting of e-mail addresses or other personal information, unsolicited e-mailing, telephone calls or mailings, spoofing, flooding, overloading, spidering, “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information; (b) send chain letters or pyramid schemes via any Site; (c) decompile, disassemble or reverse engineer any Site or any portion thereof or (d) attempt to gain unauthorized access to any Site, any portion thereof or any other computer systems through any Site. You agree that you will not use any Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through any Site.
Volvo Rents owns all right, title and interest in and to the Volvo Rents Web Sites, all the text, content, graphics, interfaces, code and materials thereon, the look and feel, selection and arrangement, design and organization of the Sites, and the compilation of the content, code, data and materials on the Sites, including but not limited to all intellectual property and proprietary rights therein. Your use of the Sites does not grant to you ownership of any of the foregoing. The Volvo Rents Web Sites are copyrighted as a collective work under the United States and other copyright laws, and are the property of Volvo Rents. The collective work includes works that are licensed to Volvo Rents. Unless otherwise indicated on the Site, displayed trademarks, corporate logos, services marks, trade names and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Volvo Trademark Holding AB and/or AB Volvo (publ) or Volvo Rents. Volvo Rents does not grant any license or other authorization to use the Marks.
USER GENERATED CONTENT
The Volvo Rents Web Sites may, from time to time, offer the opportunity for you or others to post or submit video or audio content, and may also offer forums, blogs or bulletin boards in which you or others may post content, messages, materials or other items (collectively, the “User-Generated Content”) on the Site. You are solely responsible for your use of such interactive areas of our Site and you use them at your own risk. You may only post User-Generated Content to public areas and where you have permission to post. You may not post any content that violates these Terms or any third-party rights. When using this Site, you may not post, upload to, transmit, distribute, store, create or otherwise publish through the Site User-Generated Content that:
a. is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. promotes illegal drug use, tobacco or firearms use;
c. constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
d. may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
e. uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
f. advertises or links to other sites for your commercial purposes;
g. includes names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of someone else;
h includes viruses, corrupted data or other harmful, disruptive or destructive files;
i communicates messages inconsistent with the positive good will of Volvo Rents; or
j. in the sole judgment of Volvo Rents, is objectionable, or which may expose the Site or its users to any harm.
Volvo Rents takes no responsibility and assumes no liability for any User-Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Volvo Rents liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Volvo Rents is not liable for any statements, representations, or User-Generated Content provided by its users on any Volvo Rents Web Site. Although Volvo Rents has no obligation to screen, edit or monitor any User-Generated Content posted to or distributed through any Volvo Rents Web Site, Volvo Rents reserves the right, and has sole discretion, to remove without notice any of User-Generated Content posted or stored on the Site. You acknowledge and agree that you are solely responsible for the accuracy and content of your User-Generated Content. Volvo Rents will have no obligations with respect to the User-Generated Content. By submitting or sending User-Generated Content to us: (i) you represent and warrant that the User-Generated Content is original to you, that no other party has any rights thereto, that any “moral rights” in such User-Generated Content have been waived and that such User-Generated Content, and our uses thereof, do not violate, misappropriate or infringe any third party right or law; and (ii) you grant us and our designees a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, disclose, distribute, transmit, display, publish, perform, modify, translate, adapt, make derivative works from, incorporate and otherwise use and exploit the User-Generated Content (in whole or part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We cannot be responsible for maintaining any User-Generated Content that you provide to us, and we may delete or destroy any such User-Generated Content at any time. We are not responsible for the content or text of, or any typos, misspellings, grammar or other errors in, your User-Generated Content.
Volvo Rents does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, product or service enhancements, processes, materials, marketing plans or new product or services names. Do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Unsolicited Submissions”) in any form to Volvo Rents. If, despite our request, you send Volvo Rents any Unsolicited Submissions, then regardless of what your communication might indicate, the following terms shall apply to your Unsolicited Submissions: You Agree that: (1) Your submissions and their contents will automatically become the property of Volvo Rents upon receipt, without any compensation to you; (2) Volvo Rents may use or redistribute your submissions and their contents for any purpose and in any way; (3) Volvo Rents has no obligation to review your submissions; and (4) Volvo Rents has no obligation to keep any submission confidential.
PROCESS FOR SUBMITTING CLAIMS OF Copyright INFRINGEMENT
In accordance with the Digital Millennium Copyright Act and other applicable law, we have implemented a procedure for contacting us in the event you feel certain rights might be infringed by content posted on a Volvo Rents Web Site. If you believe in good faith that content hosted by us infringes your copyright, provide our Registered Agent with the written information requested below.
1. A full and complete identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, the Site on which the material is posted and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your name, address, email and telephone number.
4. Include the following statement, signed by you: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on any Site should be emailed or mailed, at your choice, to: email@example.com.
Volvo Construction Equipment Rents, Inc.
Registered Agent / Copyright Infringement Notice
1 Volvo Drive
Asheville, North Carolina 28803
We recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, submitters who are deemed to be repeat infringers. We may also, at our sole discretion, limit the access to any of the Sites for any user who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
PRODUCT AND SERVICE AVAILABILITY
Prices and availability of the products and services listed on a Site are subject to change without notice. The listing, description of or reference to a particular product or service on a Site does not imply that the product or service is presently available, does not constitute an offer to sell or supply that product or service and does not mean that the product or service is available in all countries.
MODIFICATIONS OR TERMINATION OF A SITE
We reserve the right, for any reason, in our sole discretion, to terminate, change, suspend or discontinue any aspect of any of the Sites, including, but not limited to, content, services, features or hours of availability. We may also impose limits on certain features of a Site or restrict your access to part or all of a Site without notice or penalty.
USER ACCOUNT AND PASSWORD
In connection with certain features on a particular Site or Sites, we may issue you, or enable you to establish, a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Volvo Rents when you desire to cancel your account for any Site. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
THE VOLVO RENTS WEB SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, AND LINKS THEREON, ARE EACH PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, VOLVO RENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. VOLVO RENTS DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN ANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES ANY SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. VOLVO RENTS DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN ANY SITE OR WITH RESPECT TO THEIR COMPLETENESS, CORRECTNESS, ACCURACY, AVAILABILITY, ADEQUACY, USEFULNESS, TIMELINESS, SECURITY, RELIABILITY OR OTHERWISE. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VOLVO RENTS OR THROUGH ANY SITE SHALL CREATE ANY OBLIGATION ON, OR WARRANTY BY, VOLVO RENTS NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH A SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE. YOU SHOULD NOT RELY ON A SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE VOLVO RENTS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS (COLLECTIVELY, THE “PROTECTED ENTITIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF ANY SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM ANY SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10.00. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless the Protected Entities from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting in any way from your use of any Volvo Rents Web Site, your communication, placement or transmission of any message, content, information or other materials on or through any Site, your breach or violation of the law, any third party right or of these Terms and Conditions, or any activity otherwise related to your use of any Site (including negligent or wrongful conduct), by you or any other person accessing a Site using an account registered to you.
These Terms and Conditions and the relationship between you and Volvo Rents shall be governed in all respects by the laws of the state of North Carolina, U.S.A., without regard to conflicts of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that the exclusive jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to any Volvo Rents Web Site or these Terms and Conditions (including but not limited to the purchase of Volvo Rents products) shall be in the state or federal courts located in Buncombe County, North Carolina, and you agree to submit to the personal and exclusive jurisdiction of such courts. You agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to any Volvo Rents Web Site or these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises or be forever barred. Volvo Rents’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions. Volvo Rents may assign its rights and duties under this Agreement to any party at any time without notice to you. Each Volvo Rents Web Site is control and operated in the United States of America. The Sites may not be available to individuals or companies outside of the United States. Volvo Rents makes no representation that materials on any Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access a Volvo Rents Web Site from locations outside North Carolina do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. or any other jurisdiction’s export, re-export or import laws and regulations.
By using a Volvo Rents Web Site, you agree that Volvo Rents, at its sole discretion, may require you to submit any disputes arising from the use of any Site, or these Terms and Conditions, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in these Terms and Conditions or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall take place in Buncombe County, North Carolina and shall be governed by the laws of the state as set forth in the Applicable Laws section of these Terms and Conditions. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by applicable law.
Updated April 26, 2011