Terms and conditions
These Terms and Conditions of Service constitute a legally binding agreement between you and the rental center using the online reservation platform powered by Heyquip Inc. (collectively, "Rental Center", "we", "our" or "us") governing your use of our products, services, and website (the "Site" and collectively with the foregoing, the "Services").
BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES. These Terms and Conditions of Service are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms and Conditions of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms and Conditions of Service; (ii) you have read and understand these Terms and Conditions of Service; and (iii) you agree to these Terms and Conditions of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy available at (the Privacy Policy). You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy and the rental agreement between you and the Rental Center (the "Rental Agreement") are each incorporated by reference into these Terms and Conditions of Service and together form and are hereinafter referred to as this "Agreement." In the event of any conflict between the terms of the Rental Agreement and these Terms and Conditions of Service, the terms of these Terms and Conditions of Service shall govern.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND THE RENTAL CENTER CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 13). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
1. Services and Support
1.1 Subject to the terms of this Agreement, Heyquip Inc., as well as its subsidiaries and affiliated entities (collectively, "Heyquip", "we", "our"), agrees to provide the Client with the Services using commercially reasonable efforts. As part of the registration process, the Client will identify an administrative username and password for the Client's Heyquip account. The Client's end users, who access the Client's branded homepage and interact with the Services to rent or reserve the Client's products ("End Users"), may also be required to create login credentials consisting of a username and password to interact with the Services. Heyquip reserves the right to refuse registration or cancel passwords it deems inappropriate.
1.2 Subject to the terms hereof, Heyquip will provide the Client with reasonable technical support services from Monday to Friday between 8:00 AM and 5:00 PM Eastern Time, excluding holidays.
2. Account, Password, Security, and Mobile Phone Use
2.1 You must register with the Rental Center and create an account to use the Services (an "Account"), and as part of this process, you will be required to provide certain information, including but not limited to, your name, full address, phone number, and email address. By using the Services, you agree to provide true, accurate, current, and complete information as requested during the registration process, and to maintain and promptly update the Account information to keep it true, accurate, current, and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login, password, and Account number provided by you or given to you by the Rental Center to access the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. The Rental Center has no control over the use of any user's Account and expressly disclaims any liability derived therefrom. If you suspect that any unauthorized party is using your password or Account, or if you suspect any other breach of security, you agree to contact the Rental Center immediately.
3. Billing and Payment
3.1 Payment and other charges may be paid through the third-party payment processing system (the "PSP") as indicated on the Services. You may be required to register with the PSP, agree to the PSP's terms of service, provide your payment details to the PSP, and go through a verification process at the request of the PSP to set up an account with the PSP (the "PSP Services Agreement"). By accepting these Terms and Conditions, you agree that you have downloaded or printed, and reviewed and agreed to the PSP Services Agreement. Please note that the Rental Center and Heyquip are not parties to the PSP Services Agreement and that you, the PSP, and any other party listed in the PSP Services Agreement are the parties to the PSP Services Agreement, and the Rental Center and Heyquip have no obligations, responsibility, or liability to any user or any other party under the PSP Services Agreement.
3.2 All prices and fees displayed on the Services are exclusive of federal, provincial, state, local, or other governmental sales, goods and services, or other taxes, fees, or charges now in force or enacted in the future ("Taxes"). All applicable Taxes are based on the rates applicable to the billing address you provide to us and will be calculated at the time a transaction is charged to your Account. Unless otherwise stated, all prices, fees, and other charges are in Canadian dollars, and all payments will be made in Canadian currency.
4. User-Generated Content
4.1 "User-Generated Content" is defined as any content, information, and material that may be textual, audio, or visual that you provide, submit, upload, publish, or otherwise make available to the Services and our users. You are solely responsible for the User-Generated Content, and we act simply as a passive conduit for your online distribution and publication of your User-Generated Content. You acknowledge and agree that the Rental Center and Heyquip:
Are not involved in the creation or development of User-Generated Content.
Disclaim any responsibility for User-Generated Content.
Cannot be held liable for claims arising out of or relating to User-Generated Content.
Are not obligated to monitor, review, or remove User-Generated Content but reserve the right to limit or remove User-Generated Content on the Services at their sole discretion.
4.2 You represent and warrant to the Rental Center and Heyquip that your User-Generated Content (i) will not be false, inaccurate, incomplete, or misleading; (ii) will not infringe on copyrights, patents, trademarks, trade secrets, or other proprietary or publicity, personality, or privacy rights of any third party; (iii) will not violate any law, statute, ordinance, or regulation (including but not limited to those governing export control, consumer protection, unfair competition, discrimination, false advertising, anti-spam, or privacy); (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (vii) will not represent that you are employed by or directly engaged by or affiliated with the Rental Center or Heyquip or misrepresent that you are acting as a representative or agent of the Rental Center or Heyquip; and (viii) will not create liability for the Rental Center or Heyquip or cause them to lose (in whole or in part) the services of their Internet service providers or other suppliers.
4.3 By making any User-Generated Content available through the Services, you hereby grant to the Rental Center and Heyquip a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, and otherwise exploit such User-Generated Content on, through, or by means of the Services and to distribute, license, sell, transfer, or disclose User-Generated Content to the Rental Center's and Heyquip's service providers. We claim no ownership rights in any User-Generated Content, and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User-Generated Content.
5. Representations and Warranties
5.1 You represent and warrant that: (i) you are at least 18 years old or have the legal age required in the jurisdiction where you reside, and are otherwise capable of entering into binding contracts, and (ii) you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and you will so abide. When you enter into this Agreement on behalf of a business or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.
5.2 You further represent and warrant that (i) you have read, understand, and agree to be bound by these Terms and Conditions and the Privacy Policy in order to access and use the Services, and (ii) you will act professionally and responsibly in your interactions with other users, and (iii) when using or accessing the Services, you will act in accordance with any applicable local, provincial, or federal laws or customs and in good faith.
5.3 You agree not to engage in the following prohibited activities, among others: (i) copying, distributing, or disclosing any part of the Services on any medium other than that authorized by the Services and these Terms and Conditions; (ii) using any automated system (other than the features of the Services), including but not limited to "robots", "spiders", "offline readers", etc., to access the Services; (iii) transmitting spam, chain letters, or other unsolicited emails, or attempting to phishing, pharm, pretext, spider, crawl, or scrape; (iv) attempting to interfere with, compromise the integrity or security of the system, or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial, or local regulation, rule, law, or ordinance; (vi) conducting any illegal activity or soliciting others to perform or participate in illegal acts; (vii) uploading invalid data, viruses, worms, or other software agents through the Services; (viii) infringing or violating our intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, committing fraud, hiding, or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, harassing, stalking, threatening, intimidating, or otherwise violating the legal rights (such as the rights of privacy and publicity) of any other user or visitor of the Services or any member of the staff of the Rental Center or Heyquip; (xi) interfering with or jeopardizing the performance, security, or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble, or reverse engineer any software or algorithms used to provide the Services; (xiv) circumventing any security features we may use to prevent or restrict access to the Services, including without limitation, features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for purposes or in a manner that infringes on the rights of any third party; or (xvii) encouraging or enabling any other individual to do any of the foregoing.
6. Termination and Suspension
6.1 Unless otherwise agreed in writing between you and the Rental Center, either party may terminate these Terms and Conditions for any reason or no reason at any time. You may cancel and delete your Account at any time by using the features of the Services to do so (if applicable and available) or by written notice to the support of the Rental Center. Upon cancellation, you will no longer have access to your Account, your profile, or any other information through the Services. The provisions of these Terms and Conditions that, by their intention or meaning, are intended to survive such termination, including, without limitation, the provisions regarding warranty disclaimers, liability limitations, and indemnification, will survive any termination of these Terms and Conditions and any termination of your use of the Services and will continue to apply indefinitely.
6.2 We reserve the right to refuse the Services to anyone for any reason at any time. The Rental Center may terminate or limit your right to use the Services if we investigate or believe that you have violated any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If the Rental Center terminates or limits your right to use the Services in accordance with this section, you are prohibited from registering and creating a new Account under your name, a fictitious or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
6.3 Even after the termination or limitation of your right to use the Services, this Agreement will remain enforceable against you. The Rental Center reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 13 of these Terms and Conditions.
6.4 The Rental Center reserves the right to modify or discontinue temporarily or permanently all or part of the Services at its sole discretion. The Rental Center is not liable to you for any modification or discontinuance of all or part of the Services. The Rental Center has the right to restrict any individual's access to registration as a user if the Rental Center believes that this person may threaten the security and integrity of the Services, or if, in the discretion of the Rental Center, this restriction is necessary to address any other reasonable business concern.
6.5 Upon termination or cancellation of your Account, we reserve the right to delete all your data, including any User-Generated Content, in the normal course of operations. Your data cannot be recovered once your Account is terminated or canceled.
7. Links to Third-Party Websites
7.1 The Services may contain links (such as hyperlinks) to third-party websites. These links do not constitute an endorsement by the Rental Center or an association with these websites, their content, or their operators. These links (including, without limitation, external websites framed by the Services and any advertisements displayed in connection with them) are provided as a convenience and reference only. The Rental Center does not control any of these websites and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of information obtained from other websites. You acknowledge and agree that the Rental Center is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be held liable for claims arising out of or relating to third-party websites. Additionally, you acknowledge and agree that the Rental Center has no obligation to monitor, review, or remove links to third-party websites but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.
7.2 The use of any website controlled, owned, or operated by third parties is governed by the terms and conditions of use and the privacy policies of those websites. You access these third-party websites at your own risk. The Rental Center expressly disclaims any liability arising from your use and/or viewing of any website or other material associated with links that may appear on the Services. You agree to hold the Rental Center harmless from any liability that may result from the use of links that may appear on the Services.
7.3 As part of the functionality of the Services, the Rental Center may offer you the ability to link your Account to online accounts that you may have with third-party service providers (each account, a "Third-Party Account") by providing either your Third-Party Account login information through the Services or allowing the Rental Center to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you have the right to disclose your Third-Party Account login information to the Rental Center and/or grant the Rental Center access to your Third-Party Account (including, but not limited to, for purposes described herein), without violating any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating the Rental Center to pay any fees or subjecting the Rental Center to any usage limitations imposed by such third-party service providers. By granting the Rental Center access to any Third-Party Accounts, you understand that (1) the Rental Center may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including, without limitation, any friend lists, and (2) the Rental Center may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your Account to the Third-Party Account. Unless otherwise specified in these Terms and Conditions, all SNS Content, if any, will be considered to be User-Generated Content. Depending on the Third-Party Accounts you choose and subject to the privacy settings you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or if the Rental Center's access to such Third-Party Account is terminated by the third-party service provider, the SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. The Rental Center makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and the Rental Center is not responsible for any SNS Content.
8. Intellectual Property Rights
8.1 All texts, graphics, editorial content, data, formatting, graphics, designs, HTML, appearance and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, fonts, and other content (collectively "Proprietary Materials") that users see or read through the Services are owned by the Rental Center, Heyquip, or their third-party service providers, excluding User-Generated Content, which users grant to the Rental Center and Heyquip a license to use. Proprietary Materials are protected in all forms, media, and technologies now known or developed hereafter. The Rental Center and Heyquip own all Proprietary Materials, as well as the coordination, selection, arrangement, and enhancement of these Proprietary Materials as a Collective Work under the Copyright Act of Canada. Proprietary Materials are protected by national and international copyright, patent, and other intellectual property laws. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Services without the express prior written consent of the Rental Center and Heyquip and, where applicable, the rights holder of the User-Generated Content.
8.2 The service marks and trademarks of the Rental Center and Heyquip, including, without limitation, the Rental Center and Heyquip logos, are service marks owned by the Rental Center and Heyquip. All other trademarks, service marks, logos, and/or trade names appearing through the Services are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.
8.3 Additionally, you may choose to or we may invite you to submit comments, ideas, or suggestions regarding the Services, including but not limited to, suggestions on how to improve our services or products ("Feedback"). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place the Rental Center and Heyquip under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You acknowledge further that, by accepting your submission, the Rental Center and Heyquip do not waive any rights to use similar or related feedback previously known to the Rental Center or Heyquip, developed by their employees, or obtained from sources other than you. You acknowledge that all emails and other correspondences that you submit to us become our exclusive property.
8.4 Your use of the Services and the licenses granted herein are also conditioned on your strict adherence to the various guidelines applicable and any end-user license associated with your use of the Services. The Rental Center and Heyquip may modify these guidelines at their sole discretion at any time. The Rental Center and Heyquip reserve the right to terminate your Account and access to the Services if they determine that you have violated any of these applicable guidelines.
9. Copyright Claims
9.1 The Rental Center and Heyquip respect the intellectual property of others and expect users to do the same. If you believe in good faith that any material provided on or in connection with the Services infringes your copyright or other intellectual property rights, please send the following information to the Rental Center's or Heyquip's Copyright Agent at :
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material that you claim is infringing is located. Include enough information to enable the Rental Center and Heyquip to locate the material and explain why you think it has been infringed;
A description of where the original or an authorized copy of the copyrighted work is located, for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
Your address, telephone number, and email 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 information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf;
An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner.
10. Modifications to the Privacy Policy
10.1 You acknowledge that Confidential Information (as defined below) constitutes a valuable, special, and unique asset of the Rental Center and Heyquip and agree not to disclose, transfer, use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than the use of the Services in accordance with these Terms and Conditions. Where applicable, you may disclose Confidential Information to your authorized employees and agents, provided that they are also bound to maintain the confidentiality of Confidential Information. You must promptly notify the Rental Center and Heyquip in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You must make all reasonable efforts to protect Confidential Information against any unauthorized disclosure, transfer, or use. You must return all originals and copies of all documents containing Confidential Information to the Rental Center and Heyquip upon termination of this Agreement for any reason.
10.2 The term "Confidential Information" means all trade secrets, confidential and proprietary information, and all other information and data of the Rental Center and Heyquip that are not generally known to the public or other third parties who might benefit from their disclosure or use. Confidential Information shall include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, hardware configuration information, finances, marketing, strategic information, and other proprietary and confidential information relating to the Rental Center or Heyquip or the business, operations, or properties of the Rental Center or Heyquip, including information about the personnel, users, or partners of the Rental Center or Heyquip, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation.
11. Warranty Disclaimer
11.1 THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE RENTAL CENTER AND HEYQUIP MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED BY THE SERVICES OR THE CONTENT OF ANY SITE LINKED TO THE SERVICES AND DISCLAIM ANY CONTRACTUAL, WARRANTY, OR TORT LIABILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL AND/OR FINANCIAL INFORMATION STORED THEREIN, AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
11.2 IN NO EVENT SHALL THE RENTAL CENTER, HEYQUIP, THEIR AFFILIATES, OR THEIR CORPORATE PARTNERS OR ANY OF THEIR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, INTERRUPTION OF SERVICE, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE FULL EXTENT APPLICABLE.
11.3 IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE RENTAL CENTER, HEYQUIP, THEIR AFFILIATES, OR THEIR CORPORATE PARTNERS OR ANY OF THEIR SERVICE PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT SHALL THE TOTAL LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION, EXCEED (I) THE TOTAL FEES PAID BY YOU TO THE RENTAL CENTER DURING THE SIX MONTHS PRECEDING THE ACT THAT GAVE RISE TO THE LIABILITY OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification
12.1 You agree to indemnify, defend, and hold harmless the Rental Center, Heyquip, and their officers, directors, employees, agents, attorneys, insurers, successors, assigns, and third-party service providers (the "Indemnified Parties") from and against any liability, costs, and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or related to (i) your use or inability to use the Services, (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party, and (iv) any content submitted by you or through your Account to the Services, including, but not limited to, the extent that such content may infringe the intellectual property rights of a third party or be otherwise illegal or unlawful. You also agree to indemnify the Indemnified Parties for any liability arising from your use of software robots, spiders, crawlers, or other data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or demand on our infrastructure. The Rental Center and Heyquip reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the prior written consent of the Rental Center and Heyquip.
13. Governing Law
13.1 This Agreement and your use of the Services will be governed by and construed in accordance with the laws of the Province of Quebec, without regard to its conflict of laws provisions. This governing law provision is intended only to specify the use of Quebec law to interpret this Agreement.
14. General Provisions
14.1 The failure of the Rental Center or Heyquip to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire and exclusive agreement between you, the Rental Center, and Heyquip concerning its subject matter and supersedes and governs all prior agreements or communications. The provisions of this Agreement are intended to be interpreted to make them valid, legal, and enforceable. Except for the "Class Action Waiver" in Section 13, if any provision is found to be partially or wholly invalid, illegal, or unenforceable, (i) that provision will be modified or restructured to the extent and in the manner necessary to make it valid, legal, and enforceable, or (ii) if such provision cannot be modified or restructured, it will be deleted from this Agreement without affecting the validity, legality, or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments to (1) a parent or subsidiary, (2) an acquirer of assets, or (3) any successor or acquirer. Any assignment in violation of this section will be null and void. This Agreement will benefit the Rental Center, Heyquip, their successors, and assigns.
15. Modifications to the Agreement and the Services
15.1 The Rental Center and Heyquip reserve the right, at their sole and absolute discretion, to change, modify, add, supplement, suspend, discontinue, or remove any part of the terms and conditions of this Agreement (including these Terms and Conditions and the Privacy Policy) and to review, improve, modify, or discontinue temporarily or permanently the Services or any content or information through the Services at any time, with or without notice, and without any liability to the Rental Center and Heyquip. The Rental Center and Heyquip will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate and immediately stop using the Services. Your continued use of the Services after any revision of this Agreement constitutes your complete and irrevocable acceptance of all such changes. The Rental Center and Heyquip may also impose limits on certain features or restrict your access to parts or all of the Services without notice or liability.
16. No Third-Party Rights
16.1 No provision of this Agreement is enforceable by persons who are not parties to this Agreement.
17. Notices and Consent to Receive Notices Electronically
17.1 You consent to receive all agreements, notices, disclosures, and other communications (collectively, "Notices") to which this Agreement refers electronically, including without limitation, by email or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received if delivered by hand; when receipt is electronically confirmed if transmitted by facsimile or email; the day after they are sent if sent for next-day delivery by a recognized overnight delivery service; and upon receipt if sent by certified or registered mail, return receipt requested.
18. Contact Us
18.1 If you have any questions regarding these Terms and Conditions or the Services, please contact us by email at .
19. Identification of the Rental Center
19.1 This Agreement is entered into between the Client and the Rental Center identified below (the "Rental Center"). All references to the "Rental Center" in this Agreement refer to the entity identified below.
Name of Rental Center: Location Ferrento
Address: 7360 Boulevard Newman, LaSalle, H8N 1X2, Québec
Phone Number: (514) 363-4426
Email Address: ventes@ferrento.com