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Mobile
Modular Management Corporation Terms of Use |
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PLEASE READ THIS TERMS OF USE AGREEMENT
CAREFULLY BEFORE USING THIS SITE.
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McGrath RentCorp, dba Mobile Modular
Management Corporation ("Mobile Modular Management Corporation”,
“Mobile Modular”, or “us” or “we”), provides this web site and all
site-related information and services (collectively, the “Site”)
subject to your compliance with the terms and conditions set forth
in this agreement (the “Agreement”). By using the Site, you agree
to be bound by these terms and conditions. If you do not agree to
these terms and conditions, please do not use the Site. |
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This Agreement is made between Mobile
Modular and you, the Site visitor and/or member (“you”). We reserve
the right at any time to: |
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- Change the terms and conditions of
this Agreement;
- Change the Site, including eliminating
or discontinuing any content on or feature of the Site;
or
- Change any fees or charges for use of
the Site.
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Any changes we make will be effective
immediately upon notice, which we may provide by means including,
without limitation, posting on the Site or via electronic mail.
Your use of the Site after such notice will be deemed acceptance of
such changes. Be sure to review this Agreement periodically to
ensure familiarity with the most current version. Upon our request,
you agree to sign a non-electronic version of this Agreement. |
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1. Code of
Conduct. While using the Site, you agree not to:
- Use any robot, spider, site
search/retrieval application, or other manual or automatic device
or process to retrieve, index, “data mine,” or in any way reproduce
or circumvent the content, navigational structure or presentation
of the Site;
- Modify, adapt, sub-license, translate,
sell, reverse engineer, decompile or disassemble any portion of the
Site;
- Harvest or collect information about Site visitors or members
without their express consent;
- Restrict or inhibit any other visitor
or member from using the Site, including, without limitation, by
means of "hacking" or defacing any portion of the Site;
- Use the Site for any unlawful
purpose;
- Transmit(a) any content or information
that is unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable, or infringes on our
or any third party’s intellectual property or other rights; (b) any
material, non-public information about companies without the
authorization to do so; (c) any trade secret of any third party; or
(d) any advertisements, solicitations, chain letters, pyramid
schemes, investment opportunities, or other unsolicited commercial
communication (except as otherwise expressly permitted by
us),
- Engage in spamming or
flooding;
- Transmit any software or other
materials that contain any virus, worm, time bomb, Trojan horse, or
other harmful or disruptive component;
- Remove any copyright, trademark, or
other proprietary rights notices contained in the Site;
- "Frame" or "mirror" any part of the
Site without our prior written authorization; or
- Link to any page of or material on the
Site other than the URL located at www.MobileModularRents.com.
While using the Site, you agree to comply with all applicable
laws, rules and regulations.
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2.Rental and Purchase Agreements
Between You and Mobile Modular. Any purchase or rental of any modular buildings or
other products by you will be governed by a separate rental or
purchase agreement and all of your rights and remedies relating to
your order, rental and use of any such modular building and other
products are governed by such separate agreement.
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3. Registration.
Some areas of the Site, and the right to
enjoy certain services, may require you to be or become an
E-Customer Services member. When and if you register to become a
member, you agree to (a) provide accurate, current, and complete
information about yourself as prompted by our registration form
(including your email address) and (b) to maintain and update your
information (including your email address) to keep it accurate,
current, and complete. You acknowledge that, if any information
provided by you is untrue, inaccurate, not current, or incomplete,
we reserve the right to terminate this Agreement and your use of
the Site.
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As part of the registration process, you will
be asked to provide an email address (username) and password. We
may refuse to grant you use of an email address that is already
registered, is or may be illegal, is or may be protected by
trademark or other proprietary rights law, is vulgar or otherwise
offensive, or may cause confusion, as determined by us in our sole
discretion. You will be responsible for the confidentiality and use
of your email address and password and agree not to transfer or
resell your use of or access to the Site to any third party. YOU
ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF
YOUR EMAIL ADDRESS AND PASSWORD AND ENTIRELY RESPONSIBLE FOR ANY
AND ALL ACTIVITIES (INCLUDING SERVICE REQUESTS, AS APPLICABLE) THAT
ARE CONDUCTED THROUGH YOUR ACCOUNT.
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4. Privacy.
Certain information about you is subject to
the Mobile Modular privacy policy. For more information, please see
the full Mobile Modular privacy policy at www.MobileModularRents.com.
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5. Accuracy of Content.
As our availability and descriptions for
products and services may change from time to time, and as you may
have access to information on the Site provided by third parties,
Mobile Modular does not guarantee the accuracy, integrity or
quality of any product lists, model numbers, product information
and availability information and any other information, data, text,
messages or materials posted on the Site and any web pages linked
therefrom ("Content"). Under no circumstances will Mobile Modular
be liable in any way for any Content, including, but not limited
to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise transmitted via the Service. You agree
that you must evaluate, and bear all risks associated with, the use
of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Mobile
Modular or submitted to Mobile Modular.
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6. Links.
The Site may provide, or third parties may
provide, links to other World Wide Web sites or resources. You
acknowledge and agree that Mobile Modular is not responsible for
the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such
sites or resources. You further acknowledge and agree that Mobile
Modular shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in
connection with use of or reliance on any such content, goods or
services available on or through any such site or resource.
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7. Ownership and Restrictions on
Use.
The Site is owned and operated by us in
conjunction with others pursuant to contractual arrangements. You
may not copy, reproduce, republish, upload, post, transmit or
distribute materials from the Site in any way, without our prior
written permission. Modification of the materials or use of the
materials for any other purpose is a violation of our copyright and
other proprietary rights, and is strictly prohibited. You
acknowledge that you do not acquire any ownership rights by using
the Site.
“MobileModularRents.com,” and the Mobile
Modular logo, are trademarks and/or service marks of Mobile
Modular. All other trademarks, service marks, and logos used on the
Site are the trademarks, service marks, or logos of their
respective owners.
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8. Termination.
This Agreement shall remain effective until
terminated in accordance with its terms. Either party may terminate
this Agreement immediately upon notice to the other party. In
addition, we reserve the right to immediately terminate this
Agreement, and/or your access to and use of the Site or any portion
thereof, at any time and for any reason, with or without cause.
Upon termination of this Agreement by either party, your right to
use the Site shall immediately cease, and you shall destroy all
materials obtained from the Site and all copies thereof, whether
made under the terms of this Agreement or otherwise.
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9. Disclaimers.
THE SITE, THE MATERIALS ON THE SITE, AND THE
SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOBILE MODULAR AND
ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND
FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the
exclusion of implied warranties, so the above exclusions may not
apply to you. MOBILE MODULAR AND ITS AFFILIATES, SUPPLIERS, AND
AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS
HOSTED) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO
ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MOBILE
MODULAR OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS,
WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE
ARE ENTIRELY AT YOUR OWN RISK.
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10. Limitation of Liability.
THE SITE, THE MATERIALS ON THE SITE, AND
THE SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MOBILE
MODULAR AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable
law may not allow the exclusion of implied warranties, so the above
exclusions may not apply to you. MOBILE MODULAR AND ITS AFFILIATES,
SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL
BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS
HOSTED) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU
ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING
ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO
ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND
YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF MOBILE
MODULAR OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS,
WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE
ARE ENTIRELY AT YOUR OWN RISK.
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11.
Indemnification.
You agree to indemnify, defend and hold us,
our officers, directors, employees, agents and representatives
harmless from and against any and all claims, damages, losses,
costs (including reasonable attorneys’ fees), or other expenses
that arise directly or indirectly out of or from (a) your breach of
this Agreement, including any violation of the Code of Conduct
above; (b) any allegation that any materials that you submit to us
or transmit to the Site infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property
or other rights of any third party; and/or (c) your activities in
connection with the Site.
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12. Forward Looking
Statements. Some of the
information on this web site may contain projections or other
forward-looking statements regarding future events or the future
financial performance of Mobile Modular. We wish to caution you
that these statements are only predictions and that actual events
or results may differ materially. We refer you to the documents
Mobile Modular (McGrath RentCorp) files from time to time with the
Securities and Exchange Commission, specifically, Mobile Modular's
Registration Statement on Form S-1. These documents contain and
identify important factors that could cause actual results to
differ materially from those contained in our projections or
forward-looking statements. |
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13. Miscellaneous. This Agreement is governed by and construed in
accordance with the laws of the State of California, United States
of America, without regards to its principles of conflicts of law.
You agree to personal jurisdiction by the federal and state courts
located in the County of San Francisco, located in San Francisco,
California, United States of America, and waive any jurisdictional,
venue, or inconvenient forum objections to such courts. If any
provision of this Agreement is found to be unlawful, void, or for
any reason unenforceable, then that provision shall be deemed
severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. This is the entire
Agreement between us relating to the subject matter herein and
supersedes and any all prior or contemporaneous written or oral
Agreements between us. This Agreement is not assignable,
transferable or sublicensable by you except with Mobile Modular's
prior written consent. No waiver by either party of any breach or
default hereunder shall be deemed to be a waiver of any preceding
or subsequent breach or default. Any heading, caption or section
title contained in this Agreement is inserted only as a matter of
convenience and in no way defines or explains any section or
provision hereof. |
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