Effective Date: October 1, 2019
Last reviewed on: October 1, 2019
Use of Sizewise Site Content
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.
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.
Service Provider: Sizewise Rentals, LLC
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.
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.
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.
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.
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.
Sizewise Rentals, LLC
c/o General Counsel’s Office
8601 Monrovia St.
Lenexa, KS 66215