SIZEWISE WEBSITE TERMS OF USE
Number: D-L00-072
Effective Date: October 1, 2019
Last reviewed on: October 1, 2019
 
Legal Notice
This website, www.sizewise.com (the “Sizewise Site") is owned and operated by Sizewise Rentals, LLC, its subsidiaries or its affiliated companies (“Company,” or “we,” “us” or “our”). Company maintains the Sizewise Site as a service to its Users and Visitors (as those terms are defined below), subject to the following terms and conditions concerning the use of the Sizewise Site ("Terms of Use"). When any person or entity (“user,” “you” or “your”) access or use the Sizewise Site, you accept the Terms of Use; if you do not agree to the Terms of Use you may not use the Sizewise Site. Company reserves the right to modify the Sizewise Site and these Terms of Use periodically without prior notice, at any time.

Use of Sizewise Site Content
You may view, download, and print content from the Sizewise Site subject to the following conditions: (a) only persons who have registered with the Company as users of non-public portions of the Company’s Site, and who have received credentials (username and password, for example) to access and use such non-public portions of the Site (“Users”) may access non-public portions of the site that are restricted to such Users; (b) persons who are not Users (“Visitors”) may not access and use the non-public portions of the Site that are restricted to Users, even if a User provides its user name and password to such Visitor; (c) the content on the portions of the Sizewise Site viewable by Visitors may be used solely for the purpose of understanding the goods and services provided by Company, and; (d) the Sizewise Site and any content on it may not be modified or altered in any way, whether online (i.e., as displayed on the URL for the Sizewise Site) or after you download it. You may not copy, reproduce, republish, modify, create derivative works from, distribute or otherwise use any content or material from the Sizewise Site other than as explicitly permitted by these Terms of Use.
Any unauthorized reproduction or distribution of the information appearing on this Sizewise Site, including but not limited to forwarding emails addressed to Users by Company and any sharing of a User’s credentials, will constitute a breach of these Terms of Use. Any breach of these Terms of Use by a User may result in the immediate termination of that User’s credentials.
You may not do any of the following without the express written consent of Company: (a) frame or utilize framing techniques to enclose any portion of the Sizewise Site, including (but not limited to) any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company; (b) use any metatags or any other "hidden text" or code utilizing Company's name or trademarks, whether on your website or in any other manner, or; (c) use any Company URL, logo or other proprietary graphic or trademark as part of a link to the Sizewise Site.
You agree that you will not use any robot, spider, scraper, or other fully or partially automated means to access the Sizewise Site or any portion of Company’s network for any purpose, including (but not limited to) "screen scraping" or "database scraping" or other data aggregation. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Sizewise Site or any activities conducted on the Sizewise Site; or (c) bypass any measures we may use to prevent or restrict access to the non-public portions of the Sizewise Site.
You do not acquire any ownership rights to any content in or on the Sizewise Site. Any unauthorized use terminates the permission and/or license granted by Company to you under these Terms of Use.
If you are a User, the rights of you and the Company concerning access to and use of any non—public portions of the Sizewise Site are also subject to any terms and conditions that apply to such non—public portions of the Sizewise Site, including (but not limited to) any terms and conditions specific to the Sizewise stat! website.

Reviews, Comments, Communications, and Other Content
You may submit comments and other content on sections of the Sizewise Site that permit such submission so long as the comments or content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property rights of Company or any third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of unsolicited commercial e-mail. You may not use a false e-mail address, impersonate any person or entity, or otherwise provide misleading information concerning the origin of the content. You may not post comments or content unless such comments or content are posted in accordance with applicable law.
By submitting comments or other content to the Sizewise Site, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting this information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; the content complies with applicable law; and, the use of the content will not cause injury to any person or entity.
 You understand that others may also submit comments and other content on sections of the Sizewise Site that permit such submission. Company has the right (but not the duty) to monitor and, in its discretion, delete all or part of such comments and other content, but Company assumes no responsibility for such third party comments or content submitted to the Sizewise Site, and you review such comments or content at your own risk.

Products and Services Offered By Company via the Sizewise Site
Company offers certain products and services via the Sizewise Site. When you sign up to obtain a product or service from Company on the Sizewise Site, you accept the specific agreement applicable to that product or service. Without limiting the previous sentence, if you have an existing agreement with Company that governs the purchase of such goods and services, you agree to be bound by the terms and conditions of that contract. Except as provided in such agreement, Company does not warrant that any product descriptions or content appearing on the Sizewise Site (including, but not limited to, any marketing materials or descriptions concerning products) is accurate, current, reliable, complete, or error-free.

Copyright Information
The content of the Sizewise Site, including (but not limited to) any publications, photos, marketing materials, descriptions of products or services or other information of any kind on or in the Sizewise Site, are the exclusive property of Company and are protected by United States copyright laws and international treaty provisions. The compilation, organization and display of this content as well as all software and inventions used on and in connection with this Sizewise Site are the exclusive property of Company. Company reserves all rights in the Sizewise Site and its content that are not specifically granted to any other person or entity in any agreements with Company or in these Terms of Use.

Service Provider: Sizewise Rentals, LLC

Designated Agent:         
General Counsel

Address to Which Notifications Should Be Sent:
Sizewise Rentals, LLC
c/o General Counsel
8601 Monrovia St.
Lenexa, KS 66215

To be effective, the notification of your claim of copyright infringement must be written and must include the following:
 •  A statement that you are the owner of the exclusive right you claim has been infringed, or a statement that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
•   A statement, under penalty of perjury, that the information in the notification is accurate.
•  Your signature. (The signature may be either physical or electronic.)
•  The identification of the copyrighted work you claim has been infringed. (If you claim that multiple copyrighted works have been infringed you can submit one notification with a list of the allegedly infringed works.)
•  Identification of the material that you claim to be infringing and information reasonably sufficient to permit Company to locate the material.
•  Information reasonably sufficient to permit Company to contact you, including your address, telephone number, fax number and, if available, an electronic mail address. You can provide contact information for the owner of the exclusive right that you claim has been infringed if you are not the owner, but rather authorized to act on behalf of the owner.
•  A statement you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

Trademark Information
The trademarks (i.e., trademarks, trade dress, and service marks) used on our Sizewise Site are either marks applied for or registered by Company in the United States and/or in other countries. Other Company marks, graphics, logos, page headers, button icons, or scripts used on the Sizewise Site are Company's service marks, trademarks and trade dress and are the sole and exclusive property of Company. Company's service marks, trademarks, and trade dress may not be used in any manner other than being displayed on the Sizewise Site when the Sizewise Site is accessed by you, including (but not limited to) any use that is likely to cause confusion, any use that disparages or discredits Company or is made in connection with any service or product that is not offered, sponsored, endorsed or produced by Company. All third party trademarks that appear on this Sizewise Site are the property of the respective owners of such marks, who may or may not be affiliated with, connected to, or sponsored by Company or its subsidiaries.

Privacy Statements
Company has adopted a Privacy Policy to inform you about our privacy practices (see link on website). Please view the Privacy Policy and any terms applicable to the specific portion of the Sizewise Site you are reviewing. The Privacy Policy applies to general personal information gathered from you and all other users of the Sizewise Site. If Sizewise provides links or other access to third party sites or resources, the privacy policies of the operators of such sites or resources shall apply, and Sizewise makes no representation concerning the privacy practices of such sites. Separate terms concerning information gathered from Users or other users of Company goods or services exist in the specific agreement applicable to the product or service rented or purchased by such Users, including (but not limited to) the Privacy Policy for the Sizewise stat! website.
We urge you not to submit Protected Health Information concerning you or others (“PHI”), as defined in the Health Information Portability and Accountability Act and implementing regulations and rules, as amended (“HIPAA”), to public portions of the Sizewise Site.

Third Party Websites and Information
The Sizewise Site may provide hyperlinks to third party websites or access to third party content. Company does not control, endorse, or guarantee content found in such sites. These links include information developed, published, maintained, or otherwise posted by entities entirely separate from and unrelated to the Company. The Company does not sanction, approve, control, attest to the veracity of, or endorse materials on these external websites. It neither warrants nor assumes responsibility for the truthfulness, privacy practices, completeness, value, or timeliness of content found at these sites. Use of any information obtained from these third party sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service on the Sizewise Site, whether by trade name, trademark, service mark, manufacturer, or otherwise, does not constitute or imply endorsement, recommendation, or a favorable review by Company.
You agree that Company is not responsible for any content, associated links, resources, or services associated with any third party site. You further agree that Company shall not be liable for any loss or damage of any sort associated with your use of third party content. Links and access to these sites are provided for your convenience only.

Disclaimer
ALL CONTENT, SERVICES, PRODUCTS AND SOFTWARE PROVIDED ON OR THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY OF THE FOREGOING RELATED TO ANY PRODUCT OR SERVICE OF THE COMPANY, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT TO THE EXTENT THAT ANY EXPRESS WARRANTY IS GRANTED TO A USER IN ANY CONTRACT BETWEEN YOU AND SIZEWISE CONCERNING A PRODUCT OR SERVICE PROVIDED BY SIZEWISE TO YOU. COMPANY AND ITS VENDORS, AGENTS AND LICENSEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER THE SIZEWISE SITE, ITS CONTENT, AND THE PRODUCTS AND SERVICES OFFERED BY COMPANY ON THE SIZEWISE SITE ARE APPROPRIATE FOR YOUR INTENDED APPLICATION AND USE. COMPANY DOES NOT WARRANT THAT THE SIZEWISE SITE, ITS CONTENT, OR THE PRODUCTS AND SERVICES IT OFFERS ON THE SIZEWISE SITE, MEET YOUR REQUIREMENTS. COMPANY, ITS VENDORS, AGENTS AND LICENSEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF COMPANY AND ITS VENDORS, AGENTS AND LICENSEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IF ANY COURT DETERMINES THAT THE FOREGOING SENTENCE IS NOT ENFORCEABLE, THEN YOU AND COMPANY AGREE THAT COMPANY’S MAXIMUM LIABILITY TO YOU FOR ALL LOSSES, LIABILITY OR DAMAGE FOR OR ARISING OUT OF THE USE OF THE SIZEWISE SITE SHALL NOT EXCEED THE SUM OF ANY FEES THAT YOU HAVE PAID TO COMPANY TO LEASE OR PURCHASE PRODUCTS OR SERVICES VIA THE SIZEWISE SITE DURING THE 90 DAY PERIOD BEFORE SUCH LOSS, LIABILITY OR DAMAGE FIRST AROSE (OR IF YOU HAVE NOT LEASED OR PURCHASED ANY SUCH PRODUCTS, THE SUM OF $1000). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity
You agree to defend, indemnify, and hold harmless Company, its employees, attorneys, and agents ("Indemnitees") against any and all claims, expenses, liabilities, losses, costs, and damages, including (but not limited to) reasonable attorney's fees, that the Indemnitees may incur (i) in connection with your use of the Sizewise Site or any hyperlinked website or (ii) resulting from content you supply to the Sizewise Site.

Applicable Law
All claims, disputes or other matters concerning you and the Company, including (but not limited to) your access to and use of the Sizewise Site and the interpretation of these Terms of Use shall be governed by the laws of the State of Kansas, without regard to its conflict of law principles. By accessing the Sizewise Site, you agree that jurisdiction and venue for any legal action or proceeding between you and Company shall lie solely in the Kansas state courts located in Olathe, Johnson County, Kansas or the United States District Court for the District of Kansas, in Kansas City, Kansas, and you irrevocably subject yourself to and consent solely to such jurisdiction and venue.
If there is a determination that any provision of these Terms of Use is invalid or unenforceable, that determination will not affect the rest of the Terms of Use and the Terms of Use shall be deemed amended to the minimum extent necessary to make them valid and enforceable.

Contact Information
If you have any questions regarding these Terms of Use, please contact Company via email at generalcounsel@sizewise.com or via postal mail at the following address:
Sizewise Rentals, LLC
c/o General Counsel’s Office
8601 Monrovia St.
Lenexa, KS 66215