Terms OF Use

Sunstate Equipment Co., LLC Terms of Use

Welcome to the Sunstate (“Us” or “Our” or “We”) Website

These Terms of Use (“Terms”) are a legal contract between You and Us (collectively, “Everyone”) and govern Your use of all the text, data, information, software, graphics, images, content, photographs and more (all of which We refer to as “Materials”) that We and Our affiliates may make available to You, as well as any services (“Services”) We may provide through any of Our websites (all of which are referred to in these Terms as this “Website”).  You understand, acknowledge, and agree that Your use of the Website shall indicate Your conclusive acceptance of this agreement.

We may alter the Materials and Services We offer You and/or choose to modify, suspend, or discontinue this Website at any time and without notifying You.  If You object to any such modifications, Your sole recourse shall be to cease using this Website.  Continued use of this Website following such modifications indicates You acknowledge and agree to be bound by the modifications. Also, please know that these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of this Website.  These expressly-designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.

By using this Website, You represent, acknowledge and agree that You are at least 18 years of age, or if You are under 18 years of age but are at least 13 years old (a “Minor”), that You are using the Website with the consent of Your parent or legal guardian and that You have received Your parent’s or legal guardian’s permission to use the Website and agree to its Terms.  If You are a parent or legal guardian of a Minor, You hereby agree to bind the Minor to these Terms and to fully indemnify and hold Us harmless if the Minor breaches any of these Terms.  If You are not at least 13 years old, You may not use the Website at any time or in any manner or submit any information to Us or the Website. If You are entering into these Terms as a personal representative of an entity, such as the company You work for, You represent that You have the authority to bind that entity and You agree that “You” as used in these Terms includes both You, personally and the entity You Represent.

You may only use this Website for lawful purposes and in accordance with these Terms (“Permitted Purposes”).  In these Terms We are granting You a limited, personal, non-exclusive and non-transferable license to use and to display the Materials; Your right to use the Materials is conditioned on Your compliance with these Terms.  You have no other rights in this Website or any Materials and You may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of this Website or Materials in any manner.  If You make copies of any of this Website while engaging in Permitted Purposes, then We ask that You be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on this Website.

Unfortunately, if You breach any of these Terms the above license will terminate automatically, and You must immediately destroy any downloaded or printed Materials (and any copies thereof).

We make available Mobile Applications to access the Website via a mobile device.  To use the Mobile Application You must have a mobile device that is compatible with the mobile service.  We do not warrant that the Mobile Application will be compatible with Your mobile device.  We hereby grant to You a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by You, for Your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that We may from time to time issue upgraded versions of the Mobile Application and may automatically electronically upgrade the version of the Mobile Application that You are using on Your mobile device.  You consent to such automatic upgrading on Your mobile device and agree that these Terms will apply to all such upgrades.  The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and We and Our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application).  Standard carrier data charges may apply to Your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Apple iOS-powered mobile device (an “iOS App”):

  • You acknowledge that these Terms are between You and Us only, and not with Apple, Inc. (“Apple”).
  • Your use of Our iOS App must comply with Apple’s then-current App Store Terms of Service.
  • We, and not Apple, are solely responsible for Our iOS App and the Services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to Our iOS App.  To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to Our iOS App.
  • You agree that We, and not Apple, are responsible for addressing any claims by You or any third-party relating to Our iOS App or Your possession and/or use of Our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to Us as provider of the iOS App.
  • You agree that We, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to Our iOS App or Your possession and use of Our iOS App.
  • You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
  • You agree to comply with all applicable third-party terms of agreement when using Our iOS App (e.g., You must not be in violation of Your wireless data service terms of agreement when using the iOS App).
  • The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to Your license of Our iOS App. Upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as they relate to Your license of the iOS App as a third-party beneficiary thereof.
  • From time to time You may receive push notifications from Apple Pay. You may disable these notifications if You do not wish to receive them from the device settings on your supported iOS mobile device.

The following additional terms and conditions apply with respect to any Mobile Application that We provide to You designed for use on an Android-powered mobile device (an “Android App”):

  • You acknowledge that these Terms are between You and Us only, and not with Google, Inc. (“Google”).
  • Your use of Our Android App must comply with Google’s then-current Android Market Terms of Service.
  • Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for Our Android App and the Services and content available thereon.  Google has no obligation or liability to You with respect to Our Android App or these Terms.

You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Our Android App.

By using the Website and/or the Services provided on or through the Website, You consent to receiving electronic communications from Us.  These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Website and/or Services provided on or through the Website.  These electronic communications are part of Your relationship with Us.  You agree that any notices, agreements, disclosures or other communications that We send You electronically will satisfy any legal communication requirements, including that such communications be in writing.

Providing Telephone Numbers and Other Contact Information.  You verify that any contact information provided to Sunstate, our agents, affiliates, and independent contractors, including, but not limited to, your name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate.  You verify that you are the current subscriber or owner of any telephone number that you provide.  You are strictly prohibited from providing a phone number that is not your own.  If we discover that any information provided is false or inaccurate, we may suspend or terminate your account at any time.  Should any of your contact information change, including ownership of your telephone numbers, you agree to immediately notify us before the change goes into effect by replying STOP to any text message you receive from us or by texting STOP to shortcode 87003 or by email at crmsupport@sunstateequip.com.  

Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s) you expressly agree to receive prerecorded voice messages, and/or auto-dialed calls and text messages from us, our agents, affiliates, and independent contractors related to promotions, your account, registration, product alterations, changes and updates, service outages, reminders, follow ups to any push notifications delivered through our mobile application, any transaction with Sunstate, and/or your relationship with us.  You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list.  You agree that we may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means. You agree to receive automated calls and text messages from Sunstate, our agents, affiliates, and independent contractors even if you cancel your account or terminate your relationship with us, except if you opt-out (see below).  You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services.  To opt-out, please see the Opt-Out Instructions below.

Opt-Out Instructions.  Your consent to receive automated calls and texts is completely voluntary.  You may opt-out at any time.  To opt-out of text messages, text STOP to any text message you receive or text STOP to shortcode 87003 or by email at crmsupport@sunstateequip.com and specify that you want to opt out of text messages.  You may also text HELP for help.  You acknowledge and agree to accept a final text message confirming your opt-out. It is your sole responsibility to notify us if you no longer want to receive automated calls or text messages.  You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions.  Please allow up to thirty (30) days to process any opt-out request.  Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

Fees and Charges.  There is no fee to receive automated telephone calls or text messages from Sunstate, our agents, affiliates, and independent contractors.  The information obtained via the short code including phone numbers will not be shared with affiliates/third parties. However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility.  Check your telephone plan and contact your carrier for details.  You represent and warrant that you are authorized to incur such charges and acknowledge that Sunstate, our agents, affiliates, and independent contractors are not responsible for such charges.

Unauthorized Use of Your Telephone Device.  You must notify Sunstate immediately of any breach of security or unauthorized use of your telephone device.  Although Sunstate, our agents, affiliates, and independent contractors will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

Sunstate Promo Offers

  1. Sunstate Promo Offers will include promotional content, including for example, the following:
    • Sunstate Promo Offers gives you 20% off all rentals thru the end of February.
    • Sunstate Promo Offers gives you $100 off all pick up and deliveries thru the end of March.
  2. You can cancel the SMS service at any time. Just text “STOP” to the short code. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
  3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at crmsupport@sunstateequip.com or 1-800-229-2398.
  4. Carriers are not liable for delayed or undelivered messages
  5. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
  6. If you have any questions regarding privacy, please read our Privacy Policy.

We respect the information that You provide to Us, and want to be sure You fully understand exactly how We use that information.  So, please review Our Privacy Policy (“Privacy Policy”) which explains everything.

For your convenience, We sometimes provide links on this Website to third-party websites.  If You use these links, You will leave this Website. We are not obligated to review any third-party websites that You link to from this Website, We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from this Website, You do this entirely at Your own risk and You must follow the privacy policies and terms and conditions for those third-party websites. 

To be clear, We authorize Your use of this Website only for Permitted Purposes.  Any other use of this Website beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. 

Unauthorized use of this Website may result in violation of various United States and international copyright laws.  Unless You have written permission from Us stating otherwise, You are not authorized to use this Website in any of the following ways (these are examples only and the list below is not a complete list of everything that You are not permitted to do):

  • For any public or commercial purpose which includes use of this Website on another site or through a networked computer environment;
  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of this Website;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt this Website or servers or networks connected to this Website;
  • To use any data mining, scraping, crawling, aggregation, robots, or similar data gathering or extraction methods in connection with this Website; or
  • Attempt to gain unauthorized access to any portion of this Website or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.

You agree to hire attorneys to defend Us if You violate these Terms and that violation results in a problem for Us.  You also agree to pay any damages that We may end up having to pay as a result of Your violation.  You alone are responsible for any violation of these Terms by You.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Our defense of such claim.

You acknowledge that this Website, its entire contents, features and functionality, Materials, and the trademarks, tradenames, service marks, trade dress or logos contained therein (“Marks”), and any other proprietary rights related thereto or appearing on this Website, are owned by or licensed to Us, our licensors, or other providers of such material, and are protected by copyrights, trademarks, service marks, patent rights, trade secrets, and/or other proprietary rights.  All Marks not owned by Us that appear on this Website are the property of their respective owners.  Ownership of Marks and goodwill associated therewith remains with Us or with those other entities. All rights not expressly granted herein are reserved.  Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Marks, including copyrighted material, is strictly prohibited without the express written consent of the copyright owner or license. 

THIS WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE IS WITH YOU.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE WEBSITE IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that this Website will meet Your requirements or that this Website will be uninterrupted, timely, secure, or error free or that defects in this Website will be corrected. We make no warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. No advice or information, whether oral or written, obtained by You through this Website or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

WE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL SUNSTATE’S CUMULATIVE AND AGGREGATE LIABILITY UNDER THESE TERMS EXCEED ONE HUNDRED U.S. DOLLARS.

We control and operate this Website from Our headquarters in the United States of America and the entirety of this Website may not be appropriate or available for use in other locations.  If You use this Website outside the United States of America, You are solely responsible for following applicable local laws.

Any submissions by You to Us (e.g., comments, questions, suggestions, images, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary.  Except as prohibited by applicable law, you hereby assign all right, title, and interest in, and We are free to use, without any attribution or compensation to You, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback.  Where the foregoing assignment is prohibited by law, you hereby grant Us an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as We may determine in Our sole discretion.  Notwithstanding the foregoing, You understand and agree that We are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and You have no right to compel such use, display, reproduction, or distribution.

The Parties hereto have expressly required that these Terms and all documents and notices relating thereto be drafted in the English language.

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We will tell You.  Certain violations of these Terms, as determined by Us, may require immediate termination of Your access to this Website without prior notice to You.  Arizona state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms.  Foreign laws do not apply.  Any dispute relating to these Terms or this Website will be heard in the state or federal courts located in Maricopa County, Arizona.  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforced any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about this Website.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: This Website and Services are provided by Sunstate Equipment Co., LLC, 5552 E. Washington Street, Phoenix, AZ 85034.  If You have purchased anything from the Website or through the Services, a description of what You have purchased and relevant pricing information are posted as part of the ordering process for this Website (please consult Your individual purchase confirmation e-mail for the charges You incurred).  If You have a question or complaint regarding the Website or Services, please contact Us at legal@sunstateequip.com.  You may also contact Us by writing Sunstate Equipment Co., LLC, 5552 E. Washington Street, Phoenix, AZ 85034. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

 

If You have any questions about these Terms or otherwise need to contact Us for any reason, please contact Us at legal@sunstateequip.com.

Last updated: July 14, 2020