App Terms of Use

 

INTRODUCTION
 

Throughout these Terms of Use, “we” or “us” means HERC RENTALS INC.  “You” and “your” means a user of HERC RENTALS INC’s Mobile Application (“App”).  These Terms of Use set out the terms and conditions on which we agree to make available and you agree to access and use the App.

 

 

ACCEPTANCE
 

These Terms of Use set out the terms and conditions on which we agree to make available and you agree to install, access, and use the App.  By using the App, you agree to be legally bound by these Terms of Use and you agree to the collection and processing of your personal data in accordance with our Privacy Policy. If you do not agree with these Terms of Use or Our Privacy Policy, do not install the App, or uninstall the App if already installed.

 

 

CHANGES
 

Changes to these terms of use may be made periodically by us, and such changes will be noted herein.  Any changes will not apply retroactively, but will govern your use of the App from that time on.  If you do not agree with any amended Terms of Use, do not install the App, or uninstall the App if already installed.

 

 

YOUR OBLIGATIONS
 

You agree not to:

 

  • use or access the App for any fraudulent or unlawful purpose;
  • use or access the App to impersonate any person or entity;
  • use or access the App outside of the United States or Canada;
  • interfere with or disrupt the operation of the App or access to it;
  • transmit or otherwise make available in connection with the App or access to it any virus, worm, Trojan horse, time bomb, spyware, or other harmful computer code, file, or program;
  • restrict or inhibit the ability of any other person to access or use the App;
  • modify, adapt or translate any portion of the App;
  • remove, obscure or modify any copyright, trade mark, or other proprietary rights notice from the App; or
  • post, upload, or share anything defamatory, infringing or illegal.

 

 

LIABILITY AND WARRANTIES
 

Save as expressly provided elsewhere in these Terms of Use, the App is made available to you on an "as is" basis. We disclaim and do not accept any liability to you in respect of the App, your use of it or otherwise. It is your responsibility to ensure that the App is suitable for your intended purposes. We accept no liability as to the suitability or fitness of the App in meeting your needs and we exclude to the fullest extent permissible by law all express or implied warranties, representations, conditions or terms.  We will not be liable to you for any special, indirect or consequential losses or damages, or any loss of data, profits, revenues, business, or goodwill resulting from the use of the App. We give no warranty:


(a) that access to the App will be uninterrupted or error-free;
(b) that the App and/or the computer server from which the App are made
available, are free of viruses or other harmful components; and
(c) as to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any content contained in or delivered via the App or otherwise made available in connection with the App.

 

 

INTELLECTUAL PROPERTY
 

The intellectual property rights in the App and copyright in all material stored, displayed and accessible on the App is either owned us or duly licensed by third parties. All such rights are reserved.  Any intellectual property, in photographic or any other format that you submit or post to the App, as between you and HERC RENTALS INC, is owned by you.  You are only granting us the following non-exclusive license: A transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

 

You can end this license for specific content by deleting such content from the App, where available, or generally by closing your account, except (a) to the extent you shared it with others as part of the App and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.  We will not include your content in advertisements for the products and services of others (including sponsored content) to others without your separate consent. However, we have the right, without compensation to you or others, to serve ads near your content and information, and your comments on sponsored content may be visible.  Other users and/or visitors may access and share your content and information.  While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.  Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a Creative Commons license.  You agree that we may access, store and use any information that you provide in accordance with the terms of this Privacy Policy and your mobile privacy settings.

 

 

CONTACT
 

If you have additional questions or want to contact us for a specific purpose, please contact us at: CustomerSolutions@hercrentals.com.