Terms of Use

GENERAL

The following terms and conditions (the “Terms of Use”) govern your use of the Websites and Mobile App. All references in this Terms of Use to “we”, “us”, “our”, and “Runyon” are to Runyon Surface Prep Rental & Supply LLC, a limited liability company organized and existing under the laws of the State of Indiana, and to Runyon Equipment Rental Inc., a corporation organized and existing under the laws of the State of Indiana. All references in this Terms of Use to “Websites” refer to www.runyonsurfaceprep.com, m.runyonsurfaceprep.com, cust.runyonsurfaceprep.com, cust.runyonrental.com, and www.runyonrental.com. All references in this Terms of Use to “Mobile App” refer to the Runyon Surface Prep Rental & Supply LLC mobile app.

BY USING THE WEBSITES AND/OR MOBILE APP, YOU EXPLICITLY AGREE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND BOUND BY THESE TERMS OF USE. If you do not agree to these Terms of Use, you must immediately exit the Websites and Mobile App and discontinue the use of the Websites and Mobile App and any information, product, or services found therein.

The term “Agreement” shall mean the agreement formed between you and us pursuant to these Terms of Use, any other terms and conditions posted on the Websites and/or Mobile App, and any other written agreement between you and us, all of which are incorporated herein by reference. If we and a user of the Websites and/or Mobile App enter into a separate written agreement or contract providing other terms and conditions of our agreement, these Terms of Use are incorporated by reference.

As you read these Terms of Use, we strongly recommend that you also access and read the information contained in the other pages and websites referred to in this document, including the Privacy Policy . Furthermore, please note that all headings in these Terms of Use are for reference and convenience purposes only and in no way limit the scope or extent of such section.

MODIFICATION OF THE WEBSITE

Runyon reserves the right in its sole discretion to change, modify, alter, update, improve, or remove any information or content appearing on the Websites and/or Mobile App. Runyon may discontinue or revise any or all aspects of the Websites and/or Mobile App in its sole discretion and without prior notice and may do so at any time. Any amended terms automatically take effect by your access or use of the Website and/or Mobile App. It is your responsibility to check terms and conditions of this Agreement at the time of each use.

OUR LICENSE TO YOU

Runyon hereby authorizes you to view and print the information, content, and data (hereinafter “Materials”) available on the Websites and/or Mobile App, provided that:

  1. The Materials are used only for the purposes of using the services expressly offered by Runyon;
  2. The Materials are not modified, republished, or redistributed; and
  3. All copyright, trademark, service mark and other proprietary notices are reproduced as they appear in any such Materials. Except as expressly provided above, nothing contained herein shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, or copyright of Runyon.

OBTAINING QUOTES OR REQUESTING PRODUCTS OR EQUIPMENT

If you wish to obtain a quote from us or to rent or purchase products or equipment as described on the Websites and/or Mobile App, you may be asked to supply us with certain personal data applicable to the quote, rental, or purchase. Please review the Privacy Policy carefully to determine how such personal data will be treated. You agree to pay all charges incurred by you or any users of your account, including all applicable taxes relative to the rental or purchase. Runyon may verify any data that has been submitted and reserves the right to refuse a rental or purchase.

CONTENT REQUIREMENTS

You agree that all of the information you have provided to Runyon, whether online or otherwise, is accurate and complete. Runyon does not guarantee the accuracy of any information available on the Websites and/or Mobile App, and is not responsible for any errors, omissions, or misrepresentations, whether made by a third party or otherwise. All information obtained on the Websites and/or Mobile must be verified independently. It is solely your responsibility to verify the accuracy, completeness, and usefulness of information provided on the Websites and/or Mobile App.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Websites and/or Mobile App, you will comply with all applicable laws, statutes, ordinances, and regulations regarding your use of our service and any related activities. In addition, you warrant that you will not use the Websites and/or Mobile App, including, but not limited to the following:

You will not:

  1. Use the Websites and/or Mobile App if you are not able to form legally binding contracts and/or are under the age of 18;
  2. Use the Websites and/or Mobile App if you are temporarily or indefinitely suspended from the Websites and/or Mobile App;
  3. Express or imply that any statements you have made or are making are endorsed by Runyon, without our prior written consent;
  4. Circumvent or manipulate our fee structure or the billing process;
  5. Engage in “spamming” or other activity that involves the transmission of “junk mail” or unsolicited mass mailing to others;
  6. Send a virus, overload, flood, spam, or mail-bomb the Websites and/or Mobile App, or distribute any other technologies that may harm the Websites and/or Mobile App or the interests or property of the Websites and/or Mobile App;
  7. Copy, modify, republish, or distribute content from the Websites and/or Mobile App that is subject to copyright or trademark;
  8. Impersonate another person or otherwise misrepresent your affiliation with another person or entity, conduct fraud, hide or attempt to hide your identity;
  9. Provide inaccurate contact information or other information relative to a quote, rental, or sale;
  10. Collect information about users, including email addresses;
  11. Permit others who have been restricted or denied access to the Websites and/or Mobile App to gain access to the Websites and/or Mobile App through your account, username, or password.
  12. Transmit to the Websites and/or Mobile App or any user any information or materials of any kind which:
    1. Violate, plagiarize, or infringe on the intellectual property or contractual rights of another;
    2. Are libelous, defamatory, obscene, pornographic, offensive, abusive, harassing, threatening, tortuous, invasive of another’s privacy, racist, hateful, or otherwise objectionable; or
    3. Contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  13. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  14. Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Websites and/or Mobile App without the prior expressed written permission of Runyon and the appropriate third party, as applicable;
  15. Interfere or attempt to interfere with the proper working of the Websites and/or Mobile App or any activities conducted on the Websites and/or Mobile App or the access of any user, host, or network;
  16. Restrict or prevent anyone from using the Websites and/or Mobile App by means of the following (including, but not limited to): hacking or defacement of any portion of the Websites and/or Mobile App; or
  17. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Websites and/or Mobile App.

NO UNAUTHORIZED DUPLICATION

Except as otherwise stated herein, none of the content on the Websites and/or Mobile App may be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means, without the prior express written permission of Runyon or such other owner.

TRADEMARKS

Any trademarks, trade names, logos, and service marks displayed on the Websites and/or Mobile App are the property of Runyon or other third parties. You agree not to copy, alter, remove, infringe, dilute, or otherwise use these trademarks or service marks without the prior written consent of Runyon or such other owner.

REPORTING INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your rights have been infringed by content appearing on our Websites and/or Mobile App, please contact us. Our contact information can be found by navigating to the Contact Us section of the Websites and Mobile App. Runyon reserves the right to remove content for any reason.

The Websites/Mobile App may contain links to websites operated by parties other than Runyon. Runyon does not control such websites and is not responsible for their content. If you decide to access any of the third-party sites linked to the Websites/Mobile App, you agree that you will be leaving the Websites/Mobile App and that Runyon has no responsibility or liability whatsoever in connection with your use or exchange of any information with such third-party websites. Any reliance on the contents of a third-party website is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance, including, but not limited to, damages that are direct, indirect, special, or consequential. Runyon does not endorse, sponsor, or guarantee the material on such websites. We also expressly disclaim any responsibility for the data collection, privacy, or data security practices of those entities.

GENERAL DISCLAIMER

RUNYON AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES, ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION FOUND ON THE WEBSITES AND/OR MOBILE APP. ALL INFORMATION PROVIDED ON THE WEBSITES AND/OR MOBILE APP IS PROVIDED “AS IS” WITH ALL FAULTS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RUNYON HEREBY EXPLICITLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXCEPT TO THE EXTENT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. RUNYON AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES MAKE NO WARRANTY THAT THE WEBSITES AND/OR MOBILE APP WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RUNYON AND ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE WEBSITES AND/OR MOBILE APP, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES AND/OR MOBILE APP. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RUNYON OR THROUGH THE WEBSITES AND/OR MOBILE APP, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER RUNYON OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITES AND/OR MOBILE APP, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT RUNYON HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT RUNYON OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, RUNYON OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, VENDORS, SUPPLIERS, SHAREHOLDERS, ATTORNEYS, INSURERS, AGENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, PAST, PRESENT AND FUTURE PARENTS, SUBSIDIARIES, ASSIGNS, AND DESIGNEES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE WEBSITES AND/OR MOBILE APP OR THROUGH THE SERVICES OFFERED ON THE WEBSITES AND/OR MOBILE APP.

AVAILABILITY OF THE WEBSITES AND/OR MOBILE APP

The Websites and/or Mobile App is/are usually available 24 hours a day, 7 days a week. However, the Websites and/or Mobile App may be unavailable at times, and Runyon shall not be liable for any interruption, suspension, or termination, no matter the reason.

INDEMNITY

You hereby agree to release, defend, indemnify, and hold Runyon and its respective officers, directors, employees, vendors, suppliers, shareholders, attorneys, insurers, agents, affiliates, predecessors, successors, past, present and future parents, subsidiaries, assigns, and designees harmless from and against any and all claims, costs, liability, charges, penalties, or demands, including reasonable attorneys’ fees, court costs, and other costs of collection, made by any third party due to or arising out of, directly or indirectly, any of the following:

  1. Your breach of this Agreement;
  2. Your violation of any law or the rights of a third party; or
  3. Your use of the Website or any reliance on its content.

PRIVACY

Please review the Privacy Policy for additional information and for users’ right and responsibilities.

REMEDIES

In the case of any violation of our Agreement, Runyon reserves the right to seek all remedies available by law and in equity for such violations, including termination of your use of the Websites and/or Mobile App.

Furthermore, without limiting any other provision in this Agreement, in the event you default under this Agreement, we will have the right to exercise any or all of the following remedies:

  1. We can terminate this Agreement;
  2. We can ban your future use of the Websites and/or Mobile App; and
  3. We can exercise any and all rights and remedies available to us at law and in equity.

RESOLUTION OF DISPUTES, INCLUDING CONTROLLING LAW AND JURISDICTION

If a dispute arises between you and Runyon, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

This Agreement shall be governed and construed in accordance with the laws of the State of Indiana as they apply to agreements entered into and to be performed entirely within Indiana between Indiana residents, without regard to conflict of law provisions. You agree that any Claim or dispute you may have against Runyon must be resolved by a court located in Hamilton County, Indiana, except as otherwise agreed in writing by the parties. You agree to submit to the personal jurisdiction of the courts located within Hamilton County, Indiana, for the purpose of litigating all such Claims or disputes.

Notices

All notices, including legal notices, are considered served upon Runyon when mailed to the Runyon address (as listed in the Contact Us section of the Websites and Mobile App) certified mail, return receipt, and received by Runyon.

OUR FAILURE TO ACT

Our failure to act with respect to a breach by you or others shall not constitute a waiver of such provision or prejudice the right of either party to enforce such provision thereafter. This Agreement does not intend or create an agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship.

TERMINATION OF ACCOUNT OR ADVERTISEMENT

Subject to applicable law, Runyon reserves the right to refuse service to anyone and to terminate a user’s account at any time.

CONSTRUCTION OF AGREEMENT

If any part of this Agreement is determined to be invalid or unenforceable If any provision of this Agreement is or becomes void or unenforceable by force or operation of law, the remaining provisions shall remain valid and enforceable.

LEGAL NOTICES FOR CALIFORNIA RESIDENTS

In accordance with California Civil Code Section 1789.3, residents in the State of California are entitled to the following information:

  1. The name, address, and telephone number of the provider of these services can be found at the Contact Us section of the Websites and Mobile App.
  2. Current rates for any services provided by Runyon may be obtained by contacting Runyon at the contact information found by navigating to the Contact Us section of the Websites and Mobile App.
  3. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted as follows:
Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs
1625 North Market Boulevard
Sacramento, California 95834
(800) 952-5210
Runyon Equipment Rental · 410 West Carmel Drive · Carmel, IN 46032
Voice · 317.669.9131
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