AND CONDITIONS OF USE
Effective Date: May 22, 2014
Thank you for visiting the
BakerCorp web site, www.bakercorp.com, owned
and operated by BakerCorp (“Site”). You should not access this Site or use our services
until you have carefully read and agreed to these terms and conditions of use
Use of this Site
By using this Site, you and other users of
the Site agree to these Terms. If you do not agree to these Terms, you may not
access or use the Site. We may modify the Terms from time to time without
notice to you. You should check these Terms periodically for modifications. The
provisions contained herein supersede all previous notices or statements
regarding our Terms with respect to this Site. We include the effective date of
our Terms at the top of the statement. We encourage you to check our Site
frequently to see the current Terms in effect and any changes that may have
been made to them. If we make material changes to the Terms we will post the
revised Terms and the revised effective date on this Site. By using the Site
following any modifications to the Terms, you agree to be bound by such
BakerCorp provides you with access to and use of the Site subject to your
compliance with the Terms. No material from the Site may be copied, reproduced,
republished, uploaded, posted, transmitted or distributed in any way, except
for as specifically allowed in the Site.
User age and access. By submitting information through this Site you
represent that you are a United States of America resident over the age of 18.
License. The Site, including all of its contents, such as text, images,
and the HTML used to generate the pages (“Materials”), are our property or that
of our suppliers or licensors and are protected by patent, trademark and/or
copyright under United States and/or foreign laws. Except as otherwise provided
herein, you may not use, download, upload, copy, print, display, perform,
reproduce, publish, modify, delete, add to, license, post, transmit, or
distribute any Materials from this Site in whole or in part, for any public or
commercial purpose without the specific written permission of BakerCorp. We
grant you a personal, non-exclusive, non-transferable license to access our web
site and to use the information and services contained here.
In turn, you grant us a non-exclusive, royalty-free license to use any content
you post on the Site for any purpose, subject to the express terms of this
Rules and Limits on
and Modifications to the Site
We reserve the right, for any reason, in our sole discretion and without notice
to you, to terminate, change, suspend or discontinue any aspect of the Site,
including, but not limited to, information, data, text, music, sound,
photographs, graphics, video, messages or other materials (“Content”), features
and/or hours of availability, and we will not be liable to you or to any third
party for doing so. We may also impose rules for and limits on use of the Site
or restrict your access to part, or all, of the Site without notice or penalty.
We have the right to change these rules and/or limitations at any time, in our
Specific Prohibited Uses.
The Site may be used only for lawful purposes by individuals using authorized
services of BakerCorp. You are responsible for your own communications,
including the upload, transmission and posting of information, and are
responsible for the consequences of their posting on or through the Site.
BakerCorp specifically prohibits any use of the Site, and requires all users to
agree not to use the Site, for any of the following:
a. Posting any information which is incomplete, false, inaccurate or not your
b. Impersonating another person;
c. Constituting or encouraging conduct that would constitute a criminal
offense, giving rise to civil liability or otherwise violate any city, state,
national or international law or regulation or which fails to comply with
accepted Internet protocol;
d. Posting material that is copyrighted or otherwise owned by a third party
unless you are the copyright owner or have the permission of the owner to post
e. Posting material that reveals trade secrets, unless you own them or have the
permission of the owner;
f. Posting material that infringes on any other intellectual property, privacy
or publicity right of another;
g. Transmitting or transferring (by any means) information or software derived
from the site to foreign countries or certain foreign nations in violation of
US export control laws;
h. Attempting to interfere in any way with the Site’s or BakerCorp’s networks
or network security, or attempting to use the Site’s service to gain
unauthorized access to any other computer system.
Violations of system or network security may result in civil or criminal
liability. BakerCorp will investigate occurrences and may involve, and
cooperate with, law enforcement authorities in prosecuting the user or users
who are involved in such violations. You are prohibited from violating or
attempting to violate the security of the Site, including, without limitation, the
a. Accessing data not intended for such user or logging into a server or
account which user is not authorized to access;
b. Attempting to probe, scan or test the vulnerability of a system or network
or to breach security or authentication measures without proper authorization;
c. Attempting to interfere with service to any user, host or network,
including, without limitation, via means of submitting a virus to the Site,
overloading, “flooding”, “mailbombing” or “crashing”; or sending unsolicited
e-mail, including promotions and/or advertising of products or services, or
d. Forging any TCP/IP packet header or any part of the header information in
any e-mail or newsgroup posting.
In the course of your use of the Site, you may be asked to provide certain
information to us. BakerCorp’s use of any information you provide via the Site
responsible for the accuracy and content of such information.
We control and operate the Site from our offices in the United States of
America, and all information is processed within the United States. We do not
represent that materials on the Site are appropriate or available for use in
other locations. Persons who choose to access the Site from other locations do
so on their own initiative, and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in
connection with your use of the Site. Without limiting the generality of the
foregoing, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside.
As between you and BakerCorp, (or other company whose marks appear on the Site),
BakerCorp (or the respective company) is the owner and/or authorized user of
any trademark, registered trademark and/or service mark appearing on the Site,
and is the copyright owner or licensee of the Content and/or information on the
Site, unless otherwise indicated.
Except as otherwise provided herein, use of the Site does not grant you a
license to any Content, features or materials you may access on the Site and
you may not modify, rent, lease, loan, sell, distribute or create derivative
works of such Content, features or materials, in whole or in part. Any
commercial use of the Site is strictly prohibited, except as allowed herein or
otherwise approved by us. You may not download or save a copy of any of the
Content or screens for any purpose except as otherwise provided by BakerCorp.
If you make use of the Site, other that as provided herein, in doing so you may
violate copyright and other laws of the United States, other countries, as well
as applicable state laws and may be subject to liability for such unauthorized
use. We do not grant any license or other authorization to any user of our
trademarks, registered trademarks, service marks, other copyrightable material
or any other intellectual property by including them on the Site.
The information on the Site including, without limitation, all site design,
text, graphics, interfaces, and the selection and arrangements is protected by
law including copyright law.
Product names, logos, designs, titles, words or phrases may be protected under
law as the trademarks, service mark or trade names of BakerCorp or other
entities. Such trademarks, service marks and trade names may be registered in
the United States and internationally.
The BakerCorp logos and service names are trademarks of BakerCorp (the
“BakerCorp Marks”). Without BakerCorp’s prior permission, you agree not to
display or use BakerCorp Marks in any manner. Nothing on the Site should be
construed to grant any license or right to use any BakerCorp Mark without the
prior written consent of BakerCorp.
Links from and to the
Our web site may provide links to third party websites (“Linked Sites”) from
the Site. Linked Sites are not, however, reviewed, controlled or examined by
BakerCorp in any way and BakerCorp is not responsible for the content,
availability, advertising, products, information or use of user information or
other materials of any such Linked Sites, or any additional links contained
therein. These links do not imply BakerCorp’s endorsement of or association
with the Linked Sites. It is your sole responsibility to comply with the
appropriate terms of service of the Linked Sites as well as with any other
obligation under copyright, secrecy, defamation, decency, privacy, security and
export laws related to the use of such Linked Sites and any content contained
thereon. In no event shall BakerCorp be liable, directly or indirectly, to
anyone for any loss or damage arising from or occasioned by the creation or use
of the Linked Sites or the information or material accessed through these
Linked Sites. You should direct any concerns to that site's administrator or
Webmaster. BakerCorp reserves the exclusive right, at its sole discretion, to
add, change, decline or remove, without notice, any feature or link to any of
the Linked Sites from the Site and/or introduce different features or links to
Permission must be granted by us for any type of link to the Site. To seek our
permission, you may write to BakerCorp. We reserve the right, however, to deny
any request or rescind any permission granted by us to link through such other
type of link, and to require termination of any such link to the Site, at our
discretion at any time.
You agree to defend, indemnify and hold BakerCorp, its directors, officers, employees,
agents and affiliates harmless from any and all claims, liabilities, damages,
costs and expenses, including reasonable attorneys' fees, in any way arising
from, related to or in connection with your use of the Site, your violation of
the Terms or the posting or transmission of any materials on or through the
Site by you, including, but not limited to, any third party claim that any
information or materials you provide infringes any third party proprietary
YOU UNDERSTAND AND AGREE THAT:
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND
SERVICES IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA
PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE
AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION,
AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. BAKERCORP DOES NOT WARRANT THAT THE SITE OR THE FUNCTION,
CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE,
UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. BAKERCORP MAKES
NO WARRANTY THAT THE SITE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO
ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF
YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
BAKERCORP DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES
OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE.
BAKERCORP IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN
USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF BAKERCORP.
IN NO EVENT SHALL BAKERCORP, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR
PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION
RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED
PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN
IF BAKERCORP OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE TOTAL LIABILITY OF BAKERCORP TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE
SITE EXCEED, IN THE AGGREGATE, $100.00.
You agree that the laws of the state of California, excluding its
conflicts-of-law rules, shall govern these Terms. Please note that your use of
the Site may be subject to other local, state, national, and international
laws. You expressly agree that exclusive jurisdiction for resolving any claim
or dispute with BakerCorp or relating in any way to your use of the Site
resides in the state and federal courts of Orange County, California, and you
further agree and expressly consent to the exercise of personal jurisdiction in
the state and federal courts of Orange County, California. Any controversy or
claim arising out of or relating to your use of the Site (including any claim
involving BakerCorp or its affiliates, subsidiaries, employees, contractors,
officers, directors, telecommunication providers and content providers) shall
be settled by arbitration administered by the American Arbitration Association
under its Commercial Arbitration Rules conducted in Orange County, California,
and judgment on the award rendered by the arbitrator(s) may be entered in any
court having jurisdiction thereof. You consent to jurisdiction of the state and
federal courts of California for enforcement of this arbitration provision.
Consent to Processing
By providing any personal information to the Site, all users, including without
limitation users in the European Union, fully understand and unambiguously
consent to the collection and processing of such information in the United
Any inquiries concerning these Terms should be directed to: General Counsel,
BakerCorp, 3020 Old Ranch Parkway, Suite 220, Seal Beach, CA 90740.
Notices to you may be made via either email or regular mail. The Site may also
provide notices of changes to the Terms or other matters by displaying notices
or links to notices to you on the Site.
To contact us with any questions or concerns in connection with this Agreement
or the Site, or to provide any notice under this Agreement to us please go to
Contact Us: http://www.bakercorp.com/contact/overview/
The Terms constitute the entire agreement between you and BakerCorp and govern
your use of the Site, superseding any prior agreements between you and
BakerCorp. You also may be subject to additional terms and conditions that are
applicable to certain parts of the Site.
You agree that no joint venture, partnership, employment, or agency
relationship exists between BakerCorp and you as a result of this Agreement or
your use of the Site.
Any claim or cause of action you may have with respect to BakerCorp or the Site
must be commenced within one (1) year after the claim or cause of action arose.
The failure of BakerCorp to exercise or enforce any right or provision of the
Terms shall not constitute a waiver of such right or provision. If any
provision of the Terms is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the other provisions
of the Terms remain in full force and effect.
You may not assign the Terms or any of your rights or obligations under the
Terms without BakerCorp’s express written consent.
The Terms inure to the benefit of BakerCorp’s successors, assigns and
licensees. The section titles in the Terms are for convenience only and have no
legal or contractual effect.
© Copyright May 2014 by BakerCorp. All rights reserved.