Last Modified: December 1, 2020
Welcome to our website. NESCO Specialty Rentals, LLC (the “Company,” “we” or “us”), owns and operates this website, www.nescospecialty.com (the “Website”). By using this website, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this website.
4. Ownership and Use of Content.
(b) Because the Company has locations throughout at least one of the United States, Canada and Mexico, the Company makes no claims that this Website and its Content are appropriate or may be downloaded outside of the location in which the Company has locations. Access to the Content may not be legal by certain persons or in other countries, so if you access the Website from outside the Company’s location, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
(c) With respect to users located in Canada, the parties to these Terms and Conditions confirm their express wish that these Terms and Conditions, as well as all other documents related to it, including but not limited to all confirmations, notices, waivers, consents and other communications be in the English language.
(d) You may not generally download or print Content, although you are permitted to download or print no more than one (1) copy of the Company’s catalogs for your internal business use and reference, so long as you include all copyright and proprietary rights notices.
5. Trademarks. The Company name, the Company logos, trademarks (whether issued or applied for), service marks, and all related names, logos, trade dress, products and service names, designs, and slogans are the intellectual property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
6. Intended Audience. This Website is intended for adults only. This Website is not intended for any user under the age of 18. Certain sections of this Website are intended for particular audiences including the Company’s employees, customers, and shareholders, as well as the general public.
7. Website Use.
(a) The Company grants you a limited, revocable, nonexclusive license to use this Website solely for your own personal use. By using the Website, you agree not to use the Website in violation of any applicable laws, not to use it for insertion of your own or a third party’s advertising, branding or other promotional content, nor to infringe or violate any third party rights, or employ any device intended to disable or impair the Website’s operation.
(b) You agree not to copy materials on the Website, reverse engineer or break into the Website, or use materials, products or services in violation of any law. The use of this Website is at the discretion of the Company and the Company may terminate your use of this website at any time.
(c) Unless and to the extent that products or services are sold directly through this Website, such as through the use of a Tool, any cost estimates provided herein, including through use of a Tool, are simply estimates and should not be relied upon as a quotation or offers by the Company to sell any of such products or services to you.
8. Use of Tools. You agree that any use by you of the functionality and tools provided herein, including for engineering specifications or designs through web-based applications, should be utilized for the sole purpose of identifying potential products or services (except for any Tools through which products or services are intended to be sold directly) and should not be relied upon without independent verification by a licensed professional engineer or contractor. You also represent and warrant that you own or otherwise possess the right in and to any information that you provide in connection with your use of any such Tool.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
10. Product and Services Availability. This Website has been established primarily for the benefit and use of Company’s dealers, suppliers, customers and potential customers. Not all products or services referred to may be available, and the Company may change or discontinue the product or service described by this Website at any time. This Website may include inaccuracies, and the information in this Website may be changed periodically. Check with your local Nesco Specialty Rentals before relying on any product-related information or service-related information found in this Website.
12. Disclaimer of Warranties. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY OF THE TOOLS MADE AVAILABLE HEREIN, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Limitation of Liability. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
14. Links from the Website. If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.
16. Forward Looking Statements. Certain statements in the Content or on the Website are forward-looking statements that relate to future events, expectations, trends and operating periods involve certain factors that are subject to change, and important risks and uncertainties that could cause actual results to differ materially. Some of these risk and uncertainties could affect particular lines of business, while others could affect all of the Company’s businesses. The Company, except as required by law, undertakes no obligation to update or revise its outlook, whether as a result of new developments or otherwise. Further information concerning the Company and its businesses, including factors that could potentially materially affect the Company’s financial results, is included in the Company’s filings with the SEC including the Company’s most recent annual report on Form 10-K and quarterly reports on Form 10-Q.