You agree that Hudson’s Wheelchair Rentals, LLC DBA Hudson’s Wheelchair Rentals is not responsible for the condition of the items after rental is received, HWR highly recommends that the proposed renter inspect the item prior to accepting a rental.
Fees & Tax
Taxes (such as, and without limitations, sales taxes) might be applicable to your transactions whether you are an individual or entity. Renters are encouraged to seek tax advice from a professional.
Warranties and Limitation of Liability
As set forth in the Terms of Use, HWR is not responsible for any injury or loss that may occur during any rental transaction or usage of the site or services.
Terms of use
Please read prior to rental, rental booking confirms agreement to the terms of use and policy. By using the site in any way, you are agreeing to comply with the terms of use and the policies.
HWR has the right, but is not obligated, to strictly enforce the Terms of Use through self-help, community moderation, active investigation, litigation and prosecution.
Ownership of Site and Content
The website, including any subdomains, and any replacement or successor website, or portions thereof (hereinafter referred to as the “site”) is the property of HWR. All content, including, without limitation, all text, including descriptions and feedback, graphics, photographs, trademarks, logos, sounds, music, artwork and the computer code comprising the same (collectively, “Content”), and the design and arrangement of such Content, on the Site is owned, controlled or licensed by or to HWR and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
User Account Access and Password
You shall keep your password to your user account confidential. Your user account and your password are personal and cannot be shared, communicated or transferred to any other individual or entity, except as required by law. You recognize and accept to be solely responsible for use of your password and user account. You accept being held solely responsible for all consequences and obligations generated by use of your password and user account by a third party. You recognize and accept that HWR considers the usage of your user account, username or password as proof of the usage of the Site by you and any actions made by a user account, including but not limited to, all evaluations, ratings information and comments, are considered to be made by you.
User Account Information
Upon registration of a user account, you shall provide a valid email address that will be used to communicate between you and the Site, and will be used as the unique identifier for the user account. All notifications for your attention will be sent to the email address that is associated with your user account. Messages and notifications are considered received 24 hours after the email has been sent, unless we receive a notification stating that the email address is not valid or functioning.
You accept to provide a physical address, which is required by HWR upon registration of the user account.
Privacy
Except as explicitly provided in our Privacy Policy, we do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the HWR Privacy Policy. We view protection of our users’ privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing in to your user account.
Disclaimers
HWR will not provide legal advice regarding any services you use (or propose to use). No act of HWR shall be interpreted as providing legal advice, including but not limited to providing legal document templates or permitting a rental transaction to occur. HWR encourages you to seek your own legal counsel if you have any questions regarding your personal liability for any particular transaction or if you would like a rental agreement drafted and/or reviewed.
Limited Liability
Under no circumstances shall HWR be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if HWR has been advised of the possibility of such damages), resulting from your use of the site or the service, or resulting from any rental transaction, including, but not limited to, damages or injury resulting from a rented item or non-returned item, damages which arise from use or misuse of the site or the service, from inability to use the site or the service, or the interruption, suspension, modification, alteration, or termination of the site, the service or user account. These limitations shall apply to the fullest extent permitted by law.
If, notwithstanding the other provisions of these Terms of Use, HWR is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any service, HWR’s liability shall in no event exceed the greater of (1) the total of any reservation fees paid by you to HWR with respect to any service or feature of or on the site paid in the six months prior to the date of the initial claim made against HWR (but not including the purchase price for any HWR products), or (2) $100.00. Some jurisdictions do not allow limitations of liability, so the forgoing limitations may not apply to you.
Indemnification and Release
You agree to indemnify and hold HWR, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against HWR by any third party due to or arising out of or in connection with your use of the Site, any rental agreement or transaction, or violation of any the Terms of Use or Policies.
If you have a dispute with another user(s), you agree to release HWR and its officers, directors, agents, employees and representatives from any claims, demands, actions, losses, damages of every kind and nature, whether known or unknown, arising out of such dispute.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States without regard to its conflicts of law provisions. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses.
If a dispute arises out of or relates to this Agreement, or the breach thereof, you agree to try in good faith to settle the dispute by contacting the HWR directly.
If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, you agree to try in good faith to settle the dispute by mediation administered by an arbitrator.
If a dispute arising out of or relating to this Agreement, or the breach thereof, and if the dispute cannot be solved through negotiation, or mediation, you agree to settle the dispute by arbitration before resorting to litigation, or some other dispute resolution procedure. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
If the dispute cannot be resolved through negotiation, mediation, or arbitration, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Void Where Prohibited
Although the site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States of America. Any offer for any feature, product or service made on the site is void where prohibited. You are solely responsible for complying with applicable local laws.
Updates; Termination or Suspension of Access
The information contained in this site, including these Terms of Use, the Policies, prices and services, is subject to change at any time and without notice.
HWR reserves the right to, at any time and without notice, modify, suspend or terminate operation of or access to the site, or any portion thereof, or interrupt the operation of the site, or any portion thereof.
Miscellaneous
You may not use the site or any Content in violation of any applicable laws or regulations, including without limitation United States export laws and regulations. If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use, and the Policies referenced herein constitute the entire agreement between you and HWR with regard to your use of the site, and any and all other written or oral agreements or understandings previously existing between you and HWR with respect to such use are hereby superseded and cancelled. HWR will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. HWR’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by HWR of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between HWR and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
