Mobile App Terms of Use

Subject to your compliance with these App Terms, United Rentals hereby provides you a non-exclusive, non-sublicensable, and non-transferable right to access and use the App Services during the Term in connection with, and solely for the purposes of, interacting with and managing your United Rentals equipment purchases and rentals. Notwithstanding anything to the contrary in these App Terms, United Rentals may temporarily suspend your access to any portion or all of the App Services at any time for any reason.

United Rentals reserves the right to make changes to the App Terms, and you will be bound by the terms of the most recent version of these App Terms when you use the Mobile Apps or the App Services. Continued use of the Mobile Apps will indicate your intent to be bound by such changes to the terms and conditions of the App Terms.

All intellectual property rights, title, and interest, including copyrights, patents, trademarks, and trade secrets, in the Mobile Apps and the App Services are owned by United Rentals. United Rentals reserves all rights not granted in the App Terms. The Mobile Apps and the App Services are made available, and not sold, to you under the App Terms.

1. Content. Any content provided by United Rentals or any of its partners through the App Services is for informational purposes only. United Rentals does not assume any liability for your reliance on the content and information provided through the App Services. United Rentals expressly disclaims all liability with respect to actions taken or not taken based on the App Services.
2. Your Information. You retain all right, title and interest in and to any information you provide through the App Services (“Information”). You hereby consent to and grant to United Rentals the right to use your Information for any purposes permitted under the Privacy Policy or these App Terms. You hereby grant to United Rentals a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to anonymize, aggregate, and create anonymized, aggregated data using your Information and acknowledge that United Rentals may compile, use and disclose this anonymized, aggregated data to analyze, improve, support, and operate the App Services and otherwise for any business purpose. You hereby grant to United Rentals a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up, perpetual, irrevocable right and license to de-anonymize, de-aggregate, and create de-anonymized, and de-aggregated data using your Information, compile, use and disclose this de-anonymized, de-aggregated data to the degree necessary to analyze, improve, support, and operate any artificial intelligence-related capabilities of the App Services. You hereby unconditionally and irrevocably assign to United Rentals any rights (including any intellectual property rights) you might have in and to such anonymized and aggregated data.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP SERVICES AND ALL INFORMATION PROVIDED ON OR THROUGH THE APP SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY WHATSOEVER OF ANY KIND. THE UNITED RENTALS GROUP (AS DEFINED BELOW) EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, THE UNITED RENTALS GROUP MAKES NO WARRANTY THAT THE CONTENT AND INFORMATION PROVIDED THROUGH THE APP SERVICES WILL BE ACCURATE.

1. Indemnity. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WILL INDEMNIFY, DEFEND AND HOLD UNITED RENTALS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “UNITED RENTALS GROUP”)  HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, LOSS, DAMAGE OR COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL FEES, LOSS OF PROFIT, BUSINESS INTERRUPTION OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES RELATING TO PROPERTY DAMAGE, BODILY INJURY OR DAMAGES RELATING TO WRONGFUL DEATH) ARISING OUT OF OR RELATED TO: THE (i) USE OF THE APP SERVICES; (ii) ANY BREACH BY YOU OF THESE APP TERMS; AND (iii) ANY USE OF THIRD PARTY MATERIALS WITH THE APP SERVICES. THIS INDEMNITY PROVISION ALSO APPLIES TO ANY CLAIMS ASSERTED AGAINST THE UNITED RENTALS GROUP BASED UPON STRICT OR PRODUCT LIABILITY CAUSES OF ACTION. IN FURTHERANCE OF, BUT NOT IN LIMITATION OF THE INDEMNITY PROVISIONS IN THESE APP TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE FOREGOING OBLIGATION TO INDEMNIFY WILL NOT IN ANY WAY BE AFFECTED OR DIMINISHED BY ANY STATUTORY OR CONSTITUTIONAL LIMITATION OF LIABILITY OR IMMUNITY FROM SUITS BY YOUR OWN EMPLOYEES.
2. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNITED RENTALS GROUP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, OR ANY OTHER COSTS, EXPENSES OR PAYMENTS ARISING FROM OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP SERVICES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES, COSTS, EXPENSES OR PAYMENTS ARISE OUT OF CONTRACT, TORT OR OTHER LIABILITY, AND REGARDLESS OF WHETHER SUCH DAMAGES, COSTS, EXPENSES OR PAYMENTS WERE FORESEEABLE OR WHETHER THE UNITED RENTALS GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS, EXPENSES OR PAYMENTS. IN ANY CASE, EXCEPT FOR LOSSES CAUSED BY UNITED RENTALS GROUP’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE AGGREGATE LIABILITY OF THE UNITED RENTALS GROUPUNDER THESE APP TERMS WILL NOT EXCEED THE GREATER OF: (I) ONE HUNDRED DOLLARS ($100.00); OR (II) THE TOTAL AMOUNTS PAID TO UNITED RENTALS BY YOU THROUGH THE MOBILE APP OR THE APP SERVICES IN THE TWELVE (12) MONTHS LEADING UP TO THE EVENT GIVING RISE TO THE CLAIM.

The term of these App Terms will commence when the App Terms are accepted by you as provided in the preamble to the App Terms and will continue until terminated in accordance with this Section (the “Term”). United Rentals may terminate the App Terms at any time with or without notice. Upon termination of the App Terms, your rights to access the App Services will immediately cease, and the provisions of Sections 1 (solely with regard to United Rentals’ suspension rights), 3 (Intellectual Property), 4 (Content; Your Information), 5 (Disclaimer of Warranties), 6 (Indemnity; Limitation of Liability), 7 (Term and Termination), 11 (Third Party Materials), and 12 (General Provisions) will survive the termination of these App Terms.

The rights granted to you in the App Terms are subject to the following restrictions:

1. you will not attempt to discover any source code, underlying ideas, or algorithms used by United Rentals to develop the Mobile Apps or the App Services through reverse engineering, de-compilation, or disassembly of the Mobile Apps or the App Services, or any portion thereof;
2. you will not copy, modify, translate, or otherwise create derivative works of any part of the Mobile Apps or the App Services;
3. you will not copy, rent, sell, lease, distribute, or otherwise transfer the Mobile Apps or the App Services, any portion thereof, or any rights that you receive hereunder;
4. you will not access or use the Mobile Apps or the App Services in order to build a similar or competitive service;
5. you will not take any action that imposes or may impose (as determined by United Rentals in its sole discretion) an unreasonable or disproportionately large burden on United Rentals’ internet infrastructure;
6. you will not attempt to access the Mobile Apps or the App Services using any method other than the interface and instructions that United Rentals provides;
7. you will not circumvent any measure United Rentals may use to prevent or restrict access to the Mobile Apps or the App Services; 
8. you will not interfere or attempt to interfere in any way with the proper working of the Mobile Apps and the App Services; and 
9. you will not use the Mobile App or the App Services for any illegal purpose. 
10. The App Services are not designed or intended for use in connection with the following: (i) aeronautic or aerospace applications; (ii) nuclear and other high-risk facilities; (iii) transportation systems for the delivery of oil, natural gas, or any other combustible liquid or gas; or (iv) any other application in which the failure of the App Services could lead to personal injury, death or other material consequence (the “Prohibited Applications”). You will not use App Services for or in connection with any of the Prohibited Applications (or any Third Party Materials that result in a Prohibited Application), unless authorized by the express written approval of an executive officer of United Rentals. United Rentals is not liable, in whole or in part, for any claim or damage arising from any use of the of App Services in connection with any Prohibited Applications even if United Rentals has authorized such use or has been informed in writing (or otherwise) of such usage. YOU WILL DEFEND, INDEMNIFY AND HOLD THE UNITED RENTALS GROUP HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES ARISING OUT OF ANY SUCH PROHIBITED APPLICATIONS.

The Mobile Apps and App Services are subject to sporadic interruptions and failures and may be suspended temporarily without notice for security reasons, system failure, maintenance and repair, or other circumstances. United Rentals does not offer any specific uptime guarantee for the Mobile Apps or the App Services. United Rentals is not responsible for any damages allegedly caused by the failure or delay of the Mobile Apps or the App Services to reflect current status or notifications.

United Rentals may from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Mobile Apps or the App Services (“Updates”). You will promptly install any Updates that United Rentals provides. These Updates may be automatically installed without providing any additional notice and you consent to this automatic update. If you do not want such Updates, your remedy is to remove all of the Mobile Apps from your computer and devices.

1. Third Party Materials. App Services may make available information, products, services and other materials from third parties (“Third Party Materials”), or allow for the remote control, routing or transmission of such Third Party Materials. By using such functionality, you are directing United Rentals to access, route, control and transmit the applicable Third Party Materials. United Rentals neither controls nor endorses, and is not responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness, or safety of Third Party Materials, or any intellectual property rights therein. Nothing in these App Terms will be deemed to be a representation or warranty by United Rentals with respect to any Third Party Materials. Your use of Third Party Materials is at your own risk and subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as, without limitation, service agreements or additional policies of the providers of such Third Party Materials). You assume sole responsibility for your use of Third Party Materials and any actions you take with regard to Third Party Materials via the App Services. You represent, warrant, and covenant that you will only use Third Party Materials in a manner consistent with their documentation, and that you will only allow authorized operators who have been trained and made aware of all relevant risks to operate the App Services in connection with any Third Party Materials.
2. Marketplace. The App Terms are between you and United Rentals and not with the Marketplace from which you obtained a Mobile App. The Marketplace from which you obtained the Mobile App is an independent third party. United Rentals is not responsible for any claims, liabilities, or damages related to your interactions with Marketplaces and their services.
3. Third Party Terms and Conditions. By utilizing Third Party Materials you agree to be bound by any terms and conditions associated with such Third Party Materials. In all instances, it is your obligation to check the policies related to all third-party tools, links, products, services, pages and sites. You assume sole responsibility for use of third-party links, content and/or tools. As just one example, one or more pages on the Mobile Apps may allow you to use and/or interact with Google Maps and/or Google Earth. By utilizing those third-party tools, you agree to be bound by the Google Maps/Google Earth Additional Terms of Service (including Google’s Privacy Policy).

1. Governing Law.
   
   1. United States-Specific. If you are a resident of or domiciled in the United States and you are accessing the App Services while located in the United States, the App Terms are exclusively governed by and construed in accordance with the laws of the United States and the State of Connecticut, without regard to or application of any conflict of laws provisions. You consent to the exclusive jurisdiction of the state and federal courts sitting in Fairfield County, Connecticut.
   2. Canada-Specific. If you are a resident of or domiciled in Canada and you are accessing the App Services while located in Canada, these App Terms are governed by the laws of Canada and of the province or territory in which you reside or are domiciled, without regard to or application of any conflict of laws provisions. You consent to the non-exclusive jurisdiction of the appropriate court in such jurisdiction.
2. No Waiver. No waiver by either party of any breach or default under these App Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
3. Assignment. The App Terms and any associated rights or obligations may not be assigned or otherwise transferred by you without United Rentals’ prior written consent. United Rentals may assign these App Terms without restriction.
4. Limitation of Time to File Claims. Any cause of action or claim you may have arising out of or relating to the App Services must be commenced within one (1) year after the cause of action arises. Failure to do so will result in the cause of action or claim being permanently barred, and will constitute your complete and final waiver of the cause of action or claim.
5. Severability. If any provision of these App Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these App Terms and will not affect the validity and enforceability of any remaining provision.
6. Entire Agreement. These App Terms, including any other documents incorporated into these App Terms by reference or to which these App Terms are attached and incorporated, constitutes the sole and entire agreementbetween you and United Rentals with respect to the subject matter of these App Terms, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter of these App Terms.