Heater Rental Pro Terms of Service

Who we are

Our website address is: https://heaterrentalpro.com.

 

Activity

This feature only records activities of a site’s registered users, and the retention duration of activity data will depend on the site’s plan and activity type.

Data Used: To deliver this functionality and record activities around site management, the following information is captured: user email address, user role, user login, user display name, WordPress.com and local user IDs, the activity to be recorded, the WordPress.com-connected site ID of the site on which the activity takes place, the site’s Jetpack version, and the timestamp of the activity. Some activities may also include the actor’s IP address (login attempts, for example) and user agent.

Activity Tracked: Login attempts/actions, post and page update and publish actions, comment/pingback submission and management actions, plugin and theme management actions, widget updates, user management actions, and the modification of other various site settings and options. Retention duration of activity data depends on the site’s plan and activity type. See the complete list of currently-recorded activities (along with retention information).

Data Synced (?): Successful and failed login attempts, which will include the actor’s IP address and user agent.

Ads

This feature is only available to sites on the Premium and Professional plans.

Data Used: The following information (made available from the visitor’s browser) is collected and sent to Automattic’s Demand Partners: IP address, geographical data (derived from the IP address), user agent, operating system, device type, unique user ID (randomly generated identifier), current URL, and IAB (Interactive Advertising Bureau) interest category. Log data (IP address, geographical data, user agent, operating system, device type) is stored for 30 days. The unique user ID is stored in cookies and is retained for 1 year.

Activity Tracked: Ad impressions, video-related events (i.e. pause, mute, 100% plays, etc.) or errors, and ad click events. Various cookies are used for the following purposes: delivering targeted advertisements to specific visitors, storing user identifiers, and collecting anonymous ad platform stats.

Carousel

Image views are only recorded if the site owner, has explicitly enabled image view stats tracking for this feature via the jetpack_enable_carousel_stats filter.

Data Used: If image view tracking is enabled, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.

Activity Tracked: Image views.

Comment Likes

This feature is only accessible to users logged in to WordPress.com.

Data Used: In order to process a comment like, the following information is used: WordPress.com user ID/username (you must be logged in to use this feature), the local site-specific user ID (if the user is signed in to the site on which the like occurred), and a true/false data point that tells us if the user liked a specific comment. If you perform a like action from one of our mobile apps, some additional information is used to track the activity: IP address, user agent, timestamp of event, blog ID, browser language, country code, and device info.

Activity Tracked: Comment likes.

Contact Form

Data Used: If Akismet is enabled on the site, the contact form submission data — IP address, user agent, name, email address, website, and message — is submitted to the Akismet service (also owned by Automattic) for the sole purpose of spam checking. The actual submission data is stored in the database of the site on which it was submitted and is emailed directly to the owner of the form (i.e. the site author who published the page on which the contact form resides). This email will include the submitter’s IP address, timestamp, name, email address, website, and message.

Data Synced (?): Post and post meta data associated with a user’s contact form submission. If Akismet is enabled on the site, the IP address and user agent originally submitted with the comment are synced, as well, as they are stored in post meta.

Google Analytics

This feature is only available to sites on the Premium and Professional plans.

Data Used: Please refer to the appropriate Google Analytics documentation for the specific type of data it collects. For sites running WooCommerce (also owned by Automattic) and this feature simultaneously and having all purchase tracking explicitly enabled, purchase events will send Google Analytics the following information: order number, product id and name, product category, total cost, and quantity of items purchased. Google Analytics does offer IP anonymization, which can be enabled by the site owner.

Activity Tracked: This feature sends page view events (and potentially video play events) over to Google Analytics for consumption. For sites running WooCommerce-powered stores, some additional events are also sent to Google Analytics: shopping cart additions and removals, product listing views and clicks, product detail views, and purchases. Tracking for each specific WooCommerce event needs to be enabled by the site owner.

Gravatar Hovercards

Data Used: This feature will send a hash of the user’s email address (if logged in to the site or WordPress.com — or if they submitted a comment on the site using their email address that is attached to an active Gravatar profile) to the Gravatar service (also owned by Automattic) in order to retrieve their profile image.

Infinite Scroll

Data Used: In order to record page views via WordPress.com Stats (which must be enabled for page view tracking here to work) with additional loads, the following information is used: IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code.

Activity Tracked: Page views will be tracked with each additional load (i.e. when you scroll down to the bottom of the page and a new set of posts loads automatically). If the site owner has enabled Google Analytics to work with this feature, a page view event will also be sent to the appropriate Google Analytics account with each additional load.

Jetpack Comments

Data Used: Commenter’s name, email address, and site URL (if provided via the comment form), timestamp, and IP address. Additionally, a jetpack.wordpress.com IFrame receives the following data: WordPress.com blog ID attached to the site, ID of the post on which the comment is being submitted, commenter’s local user ID (if available), commenter’s local username (if available), commenter’s site URL (if available), MD5 hash of the commenter’s email address (if available), and the comment content. If Akismet (also owned by Automattic) is enabled on the site, the following information is sent to the service for the sole purpose of spam checking: commenter’s name, email address, site URL, IP address, and user agent.

Activity Tracked: The comment author’s name, email address, and site URL (if provided during the comment submission) are stored in cookies. Learn more about these cookies.

Data Synced (?): All data and metadata (see above) associated with comments. This includes the status of the comment and, if Akismet is enabled on the site, whether or not it was classified as spam by Akismet.

Likes

This feature is only accessible to users logged in to WordPress.com.

Data Used: In order to process a post like action, the following information is used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID (on which the post was liked), post ID (of the post that was liked), user agent, timestamp of event, browser language, country code.

Activity Tracked: Post likes.

Mobile Theme

Data Used: A visitor’s preference on viewing the mobile version of a site.

Activity Tracked: A cookie (akm_mobile) is stored for 3.5 days to remember whether or not a visitor of the site wishes to view its mobile version. Learn more about this cookie.

Notifications

This feature is only accessible to registered users of the site who are logged in to WordPress.com.

Data Used: IP address, WordPress.com user ID, WordPress.com username, WordPress.com-connected site ID and URL, Jetpack version, user agent, visiting URL, referring URL, timestamp of event, browser language, country code. Some visitor-related information or activity may be sent to the site owner via this feature. This may include: email address, WordPress.com username, site URL, email address, comment content, follow actions, etc.

Activity Tracked: Sending notifications (i.e. when we send a notification to a particular user), opening notifications (i.e. when a user opens a notification that they receive), performing an action from within the notification panel (e.g. liking a comment or marking a comment as spam), and clicking on any link from within the notification panel/interface.

Protect

Data Used: In order to check login activity and potentially block fraudulent attempts, the following information is used: attempting user’s IP address, attempting user’s email address/username (i.e. according to the value they were attempting to use during the login process), and all IP-related HTTP headers attached to the attempting user.

Activity Tracked: Failed login attempts (these include IP address and user agent). We also set a cookie (jpp_math_pass) for 1 day to remember if/when a user has successfully completed a math captcha to prove that they’re a real human. Learn more about this cookie.

Data Synced (?): Failed login attempts, which contain the user’s IP address, attempted username or email address, and user agent information.

Search

This feature is only available to sites on the Professional plan.

Data Used: Any of the visitor-chosen search filters and query data in order to process a search request on the WordPress.com servers.

Sharing

Data Used: When sharing content via email (this option is only available if Akismet is active on the site), the following information is used: sharing party’s name and email address (if the user is logged in, this information will be pulled directly from their account), IP address (for spam checking), user agent (for spam checking), and email body/content. This content will be sent to Akismet (also owned by Automattic) so that a spam check can be performed. Additionally, if reCAPTCHA (by Google) is enabled by the site owner, the sharing party’s IP address will be shared with that service. You can find Google’s privacy policy here.

Simple Payments

This feature is only available to sites on the Premium and Professional plans, and the actual payment processing is handled by PayPal.

Data Used: Transaction amount, transaction currency code, product title, product price, product ID, order quantity, PayPal payer ID, and PayPal transaction ID.

Activity Tracked: The PayPal payer ID, transaction ID, and HTTP referrer are sent with a payment completion tracking event that is attached to the site owner.

Data Synced (?): PayPal transaction ID, PayPal transaction status, PayPal product ID, quantity, price, customer email address, currency, and payment button CTA text.

Because payments are processed by PayPal, we recommend reviewing its privacy policy.

Subscriptions

Data Used: To initiate and process subscriptions, the following information is used: subscriber’s email address and the ID of the post or comment (depending on the specific subscription being processed). In the event of a new subscription being initiated, we also collect some basic server data, including all of the subscribing user’s HTTP request headers, the IP address from which the subscribing user is viewing the page, and the URI which was given in order to access the page (REQUEST_URI and DOCUMENT_URI). This server data used for the exclusive purpose of monitoring and preventing abuse and spam.

Activity Tracked: Functionality cookies are set for a duration of 347 days to remember a visitor’s blog and post subscription choices if, in fact, they have an active subscription.

Video Hosting

This feature is only available to sites on the Premium and Professional plans.

Data Used: For video play tracking via WordPress.com Stats, the following information is used: viewer’s IP address, WordPress.com user ID (if logged in), WordPress.com username (if logged in), user agent, visiting URL, referring URL, timestamp of event, browser language, country code. If Google Analytics is enabled, video play events will be sent there, as well.

Activity Tracked: Video plays.

WooCommerce Services

Data Used: For payments with PayPal or Stripe: purchase total, currency, billing information. For taxes: the value of goods in the cart, value of shipping, destination address. For checkout rates: destination address, purchased product IDs, dimensions, weight, and quantities. For shipping labels: customer’s name, address as well as the dimensions, weight, and quantities of purchased products.

Data Synced (?): For payments, we send the purchase total, currency and customer’s billing information to the respective payment processor. Please see the respective third party’s privacy policy (Stripe’s Privacy Policy and PayPal’s Privacy Policy) for more details. For automated taxes we send the value of goods in the cart, the value of shipping, and the destination address to TaxJar. Please see TaxJar’s Privacy Policy for details about how they handle this information. For checkout rates we send the destination ZIP/postal code and purchased product dimensions, weight and quantities to USPS or Canada Post, depending on the service used. For shipping labels we send the customer’s name, address as well as the dimensions, weight, and quantities of purchased products to EasyPost. We also store the purchased shipping labels on our server to make it easy to reprint them and handle support requests.

 

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

  Gina Fielders: 151 Lake Rd, Easley, SC 29642 | Phone: 864-368-9261 |
                             [email protected]

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your contact information

Additional information

Terms and Conditions

This is a contract of rental only and not of sale. The undersigned renter agrees that he/she has rented the item(s) herein described upon the expressed condition that it will at all times remain in the possession of the renter and used by them solely for non-commercial purposes. Moreover, the undersigned renter agrees the item(s) rented remain the property of THE PM PEOPLE, LLC; that the said item(s), was/were found to be in good condition on initiation of the rental, and will be returned in as good condition as when received by the renter, ordinary wear and tear excepted; that the renter will return at once to THE PM PEOPLE, LLC any item not functioning normally; that the renter will pay promptly when due all charges which accrue as a result of this rental, including damages to said item(s). In the event the renter fails to abide by any of the terms of this contract, the rental agent may repossess the rented equipment without notice to the renter, and the rental agent is hereby released from all claims arising therefrom. All charges are based on the period the item(s) is/are in renter’s possession, whether in use or not. THE PM PEOPLE, LLC is not responsible for accidents or injuries caused directly or indirectly in the use of the rented item(s). The renter also agrees to take proper precautions in the use and operation of the above listed equipment, and that instructions for the proper operation of same have been provided by THE PM PEOPLE, LLC, and has been received and understood by the renter.

The undersigned has read, reviewed, and agreed to the provisions contained herein, including the terms and conditions referenced on the reverse which constitutes the entire Agreement between the parties on the THERMAL EQUIPMENT RENTAL AGREEMENT contained herein.

This Agreement supersedes all prior oral or written agreements between the parties.

 

South Carolina Sales Tax: In keeping with South Carolina Code Section 12-36-910(A) and Code Section 12-36-100 when rented equipment is received in and used within the state of South Carolina, a 5% Sales Tax is due and payable as part of the rental contract.  

Cancellation: Once executed by delivery of the rented equipment to the Renter’s service location, this lease cannot be cancelled and is subject to the terms and conditions contained in this agreement.

 

Agreement

In consideration of renting of the equipment (herein “the rental equipment or equipment”) described on the front of this Thermal Equipment Rental Agreement and/or Rental Contract it is agreed as follows:

 

INDEMNITY/HOLD HARMLESS: Renter WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. Renter AGREES TO HOLD HARMLESS THE PM PEOPLE, LLC FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, AT- TORNEYS’ FEES AND COSTS OF EVERY KIND AND NATURE INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF THE PM PEOPLE, LLC.

 

ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY: Renter IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. Renter AGREES TO RELEASE AND DISCHARGE THE PM PEOPLE, LLC FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT; AND Renter FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST THE PM PEOPLE, LLC WHICH Renter OTHERWISE MAY BE ENTITLED TO ASSERT.

 

OPERATORS: No operators are furnished, directly or indirectly for the equipment being rented.

 

RECEIPT/INSPECTION OF EQUIPMENT: Renter rents the equipment on an “as is” basis. Renter acknowledges that he/she has, or will, personally inspect the equipment prior to its use and finds it suitable for Renter’a needs. Renter acknowledges receipt of all items listed in this Rental Agreement and that the equipment is in good working order and repair and that Renter understands (without further instructions) its proper operation and use.

 

POSSESSION/TITLE: Renter’s right to possession of the equipment begins upon equipment delivery by THE PM PEOPLE, LLC and terminates on the agreed retrieval date indicated on the front of this Rental Contract. Retention of possession after this date constitutes a material breach of this Rental Contract. Time is of the essence of this Rental Contract. Any extension of this Rental Contract must be agreed upon in writing. Title to the equipment is and shall remain in THE PM PEOPLE, LLC’s name. If the equipment is not returned and/or levied upon for any reason whatsoever, THE PM PEOPLE, LLC ’s may retake said equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend and hold THE PM PEOPLE, LLC harmless from any and all claims and costs arising from such retaking and/or levy. If equipment is levied upon, Renter shall notify THE PM PEOPLE, LLC immediately. THE PM PEOPLE, LLC will utilize its reasonable efforts to deliver and retrieve rental items from locations determined solely by Customer; accordingly, Renter assumes sole risk and liability for any personal or property damage occurring at such locations.

 

RENTAL PERIOD/RATE/PAYMENT: Rental Period is for a maximum of twenty-four (24) hours unless a longer term is specified in the Rental Agreement Agreed Return Date on the front of this Rental Agreement. Rental rates are based upon single shift usage. If Renter makes greater use of the equipment, it is agreed that additional usage fees will be charged. Rental charges begin immediately upon equipment delivery by THE PM PEOPLE, LLC, whether at the Service Location or office of The PM People, LLC. Rental charges end upon retrieval of the equipment by THE PM PEOPLE, LLC in an acceptable condition. No allowance will be made for Sundays, Holidays, or time in transit, nor for any period of time the equipment may not be in actual use while in Renter’s possession. If the equipment is returned prior to the end of the minimum rental period, the rental due shall be for the entire minimum rental period as originally agreed. THE PM PEOPLE, LLC may terminate rental at any time and reclaim the equipment without further notice in case of violation by Renter of any terms or conditions of this Rental Agreement. Renter agrees not to use equipment in violation of environmental laws.

 

ORDINARY WEAR AND TEAR: Renter shall be responsible for all damage not caused by ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage, exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of equipment by paint, mud, plaster, concrete, resin or any other material.

 

COMPLIANCE WITH LAWS/USE OF EQUIPMENT: Renter agrees to not use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Renter agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, ordinances and regulations which may apply to the use of the equipment during the rental period. Renter further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the equipment, including any subsequently determined to be due. Renter shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all safety equipment required, to operate the equipment or use the equipment.

 

Renter shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without The PM People, LLC prior written permission; or, allow a lien to be placed upon the equipment. Renter clean and visually inspect the equipment at least daily and to immediately discontinue use and notify THE PM PEOPLE, LLC when equipment is found to need repair or maintenance or is not properly functioning. Renter acknowledges that THE PM PEOPLE, LLC has no responsibility to inspect the equipment while it is in Renter’s possession.

 

RETURN OF EQUIPMENT: Renter agrees to return to THE PM PEOPLE, LLC the equipment in as good condition as when received, by Rental Agreement Agreed Retrieval Date. Renter shall be liable for all damages (up to the full replacement cost of the equipment and loss of rental revenue) to or loss of the equipment and liability incurred prior to equipment’s return to THE PM PEOPLE, LLC. Renter shall be responsible for all costs incurred by THE PM PEOPLE, LLC recovering and returning damaged equipment to THE PM PEOPLE, LLC premises. If equipment is to be “picked-up” by THE PM PEOPLE, LLC, Renter agrees to provide a secure storage location and Renter accepts all risk including dam- age to and liability relative to equipment for a reasonable period of time until the equipment is picked-up by THE PM PEOPLE, LLC.

 

DISCLAIMER OF WARRANTIES: THE PM PEOPLE, LLC makes no warranty of merchantability or fitness of the rented equipment for any particular use or purpose, either expressed or implied. There is no warranty or representation that the equipment is fit for Renter’s particular intended use, or that it is free of latent defects. THE PM PEOPLE, LLC shall not be responsible to Renter or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. THE PM PEOPLE, LLC shall not be responsible for any defect or failure unknown to THE PM PEOPLE, LLC. Renter’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure, provided that Renter contact THE PM PEOPLE, LLC immediately and in writing of such failure and returns the equipment to THE PM PEOPLE, LLC within twenty-four (24) hours of such failure.

 

DEFAULT: Should Renter in any way fail to observe or comply with any provision of this Rental Agreement, THE PM PEOPLE, LLC may, at its sole option, terminate this Rental Agreement, reclaim the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies available to THE PM PEOPLE, LLC. Exercise of any remedy available to THE PM PEOPLE, LLC shall not constitute an election of remedies or a waiver of any additional remedies to which THE PM PEOPLE, LLC may be entitled.

 

RECLAIMING OF EQUIPMENT: If for any reason it becomes necessary for THE PM PEOPLE, LLC to reclaim the equipment from the Renter’s possession, Renter authorizes THE PM PEOPLE, LLC to take possession of the equipment without further notice or further legal process, and agrees that THE PM PEOPLE, LLC shall not be held liable for any claims for damage or trespass arising out of the removal of the equipment.

 

LEGAL FEES: In the event an attorney is retained to enforce any provision (including collection costs) of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action or proceeding in an amount to be determined by the court.

 

SUBLETTING/LOCATION OF EQUIPMENT: Renter agrees not to sublet, loan or assign the equipment to another party. Renter shall not move the equipment from the address at which Renter represented it was to be used (Service Location).

 

DAMAGE WAIVER: Damage Waiver is Not Insurance. By payment of the amount equal to ten percent (10%) of the total rental charges and with immediate notification in the event of an accident and the prompt submission of applicable police reports, THE PM PEOPLE, LLC and Renter agree that THE PM PEOPLE, LLC will waive certain claims (e.g.: fire, flood, wind and earthquake) against Renter for direct physical damage to the equipment while in use by the Customer. Renter to maintain its own insurance on the Equipment. In the event of damage to the equipment, Renter further agrees to file a claim with its insurance carrier and assign said claim and any and all proceeds from such insurance to THE PM PEOPLE, LLC. Upon request, of THE PM PEOPLE, LLC, Renter shall fully cooperate with THE PM PEOPLE, LLC and furnish the name of Renter’s insurance agent, insurance company, and complete information concerning insurance coverage carried.

 

Notwithstanding the foregoing, the following conditions are not covered under the damage waiver:

  1. Any item of equipment or part thereof which is not returned for whatever reason, including theft;
  2. Damage resulting from improper use, failure to secure during transportation, overloading or exceeding the rated capacity of the equipment;
  3. Damage to motors or other electrical appliances or devices caused by artificial current;
  4. Damage as a result of vandalism or malicious mischief or intentional abuse;
  5. Damage resulting from misuse, abuse, failure to maintain cleanliness;
  6. All damage resulting from use of the equipment in violation of any provision of this Rental Agreement, violation of any law, ordinance or regulation.

NOTICE OF NON-WAIVER/SEVERABILITY: Any failure of THE PM PEOPLE, LLC to insist upon strict performance by Renter as regards any provision of this Rental Agreement shall not be interpreted as a waiver of THE PM PEOPLE, LLC’s right to demand strict compliance with all other provisions of this Rental Agreement against Renter or any other person. The provisions of this Rental Agreement shall be severable so that the un-enforceability, invalidity or waiver of any provision shall not affect any other provision.

 

INSURANCE: Renter shall maintain in full force and effect during the term of this Agreement separate General Liability insurance policies with coverage limits for bodily injury, including death, personal injury and/or property dam- age that will respond as primary coverage for Renter’s liability and all obligations outlined under this Agreement. In addition to the foregoing, Renter shall maintain Property Insurance in an amount adequate to cover any loss and/or dam- age to the equipment, up to full replacement cost. Renter shall furnish THE PM PEOPLE, LLC with a Certificate of Insurance evidencing the foregoing insurance requirements and naming THE PM PEOPLE, LLC as an additional insured.

 

MISCELLANEOUS: This Rental Agreement may be executed or delivered by facsimile or e-mail. If this Rental Agreement is executed or delivered by facsimile or e-mail, Renter by their initials herein acknowledges receipt of a completed Rental Agreement and agrees to all of the terms and conditions of such Rental Agreement.

PAYMENT: Renter authorizes THE PM PEOPLE, LLC to submit all Renter charges to Renter’s credit card account. Renter is fully aware and acknowledges that the terms and conditions of this Rental Agreement shall apply to all subsequent rentals by Renter. Renter further agrees that the Terms and Conditions of this Agreement shall govern all future deliveries should Renter fail or be unable to sign the Rental Agreement at time of delivery.

 

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT.