Advertiser and User AGREEMENT
This Vendor Agreement made by and between RENTAL SOURCE INTERNATIONAL, LLC, a Florida limited liability company, whose business address is 1930-1 North Commerce Parkway, Weston, Florida 33326 (hereinafter 'Rental Source'), and Advertiser, both Rental Source and Advertiser sometimes being referred to herein as 'the Parties'.
RECITALS:
A. Rental Source is in the business of providing directory listings of online resources for equipment rental, labor sources and venue information used in the entertainment industry including but not limited to lighting, sound, staging, video and communications equipment.
Said listings are for informational purposes only; and
B. Advertiser is in the business of providing services the entertainment industry including but not limited to production equipment, labor or space to various customers; and
C. The Parties wish to enter into an agreement setting forth the terms and conditions whereby Rental Source advertises, on its website, listings from which Advertisers have listed their services as described in Paragraphs A and B above ('Listings and services').
NOW, THEREFORE, in consideration of the mutual covenants, agreements, representations and warranties contained in this agreement, the parties agree as follows:
1. Recitals. The above recitals are true and correct and are hereby incorporated.
2. Listing Accuracy. Rental Source makes no claims, guarantees or warranties in regard to accuracy or completeness of information and cannot accept responsibility for any errors or omissions or any liability resulting from the use or misuse of any such information. If you have a question about the accuracy of a listing please contact the advertiser of that listing. It is the advertiser’s sole responsibility to keep all profile information up to date and accurate.
3. Rates. Rental Source reserves the right to change its advertising rates at any time without prior notification to its advertisers.
4. Listings. All basic listings by the advertiser on its website shall be at no charge to Advertiser. All enhanced listings shall be in accordance to the posted pricelist on Rental-Source.com or a set forth in a pricing agreement with Rental Source.
A. Advertisers shall be responsible for the collection and disbursement to the appropriate authority, all applicable federal, state and local sales and use tax. Advertiser acknowledges that sales tax is customarily charged on the entire rental fee for the equipment. Rental Source shall not be required to charge, collect or disburse any sales or use tax.
5. Acceptance. All Rental Source advertisers will be reviewed and are subject to approval by Rental Source administrators before placement. Rental Source reserves the right to reject any company, individual, description, graphic, or URL
6. Postings. Rental Source hereby reserves the right to prohibit or remove certain postings from the site if they do not comply with Rental Source’s guidelines or the guidelines set by various manufacturers. Postings containing profane language, derogatory comments, unauthorized use of trademarked and copyrighted materials, and general unprofessional behavior will be subject to immediate removal. Furthermore advertisers may be completely removed from the Rental Source system and would forfeit any said funds submitted to Rental Source.
7. Hold Harmless. Advertiser and Rental Source agree that in the event of non-payment by a customer, any damage, or legal proceedings. Advertiser's sole remedy shall be against customer and advertiser agrees to hold Rental-Source harmless.
8. Indemnification. It is the duty of Rental-Source to provide listings for advertiser's services. Rental Source assumes no direct or indirect responsibility for quality, safety and accuracy of a listing. Advertisers shall indemnify and hold Rental Source harmless from any and all expenses, injury and damage, including reasonable attorneys fees, which advertiser may hereafter incur, pay or suffer, as a result of acts of advertiser, advertiser's principal, employees, agents and representatives. This indemnification and hold harmless provision shall include, but not be limited to any and all property damage and personal injury due to faulty or defective Equipment, their installation or actions.
9. Warranties and Representations. Advertisers hereby expressly warrants and represents that the services to be delivered is the exact service being advertised by Advertiser on the Rental Source website.
10. Costs of Delivery. All delivery costs will be agreed upon between Advertiser and customer, but in no event shall be the responsibility of Rental Source.
11. Termination of Agreement. Either party may terminate this Agreement with 30 days written notice. Upon termination, the obligations of the parties hereunder with respect to transactions originating prior to termination of the Agreement shall survive such termination.
12. Assignment. This Agreement shall not be assigned by Advertiser without the written consent of Rental Source, which consent shall be in Advertiser's sole and absolute discretion. Further, this Agreement shall not inure to the benefit of any successor in interest of Vendor
13. Independent Contractor. Advertiser is and shall act as an independent contractor and as such, shall have no authority to incur any obligations or liability on behalf of Rental Source, or to execute any documents or agreements on behalf of Rental Source.
14. Expenses of Advertiser. Rental shall not be liable for any expenses incurred by Advertiser in connection with any transaction generated on the website. All expenses and costs incurred with regards to each transaction shall be the sole responsibility of Advertiser.
15. Notices. Any notice required to be in writing pursuant to this Agreement shall be considered as properly given if personally delivered or if sent by certified mail duly addressed to Vendor. The postmark date shall be the date of any notice sent by certified mail.
16. Sole Agreement. This Agreement cancels and supersedes all prior agreements and understandings between the Parties pertaining to the matters covered in this Agreement. There are no other agreements, written or oral, between the Parties pertaining to the subject matter of this Agreement.
17. Severability. In the event one or more provisions of this Agreement shall be declared or adjudged invalid or void by a court of competent jurisdiction, this Agreement, absent such provision(s), shall remain in full force and effect.
18. Governing Law and Venue. It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of
Florida . Venue for all purposes shall lie in
Broward County, Florida .
19. Attorney Fees. In the event that any action is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney's fees.
By clicking the "I ACCEPT" button at the end of this document, you accept the terms and conditions of this Agreement and shall be bound by them. If you do not agree to be bound by the terms and conditions of this Agreement, you may not use this site.
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