October 5, 2021
Last Updated: 10/1/2021
Welcome to the website for Neff. These Terms are a contract between You (“You” or “Your”) and Neff (“Neff,” “Company,” “We,” “Us,” or “Our”) with regard to access and use of Our Website (including www.neffknows.com) and its component pages (collectively, “Website”), as well as the content, and/or online services and features made available through the Website. Any references to the Company shall include employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company. Please read these Terms fully and carefully before accessing and using Our Website.
b) Amendment. We may amend these Terms from time to time in Our sole discretion. All amendments to these Terms will be effective immediately upon posting. Your continued access to Our Website constitutes an agreement to be bound to the Terms then effective and as amended. You also agree to accept notice of posting of any amendments or new terms through Us posting such amendments or new terms on the Website. Please review the Terms periodically so You are aware of any amendments.
c) Additional Terms. Although You are always bound by the Terms, in using additional features, products, or services available on the Website You may be bound by and subject to additional terms, policies, procedures and rules applicable to certain features, products, or services. These additional terms may be posted and modified periodically. Any and all additional terms will not change or replace these Terms regarding use of the Website, unless expressly stated. Any and all additional terms are hereby incorporated within these Terms.
d) Capacity and Residence of Users. This is a general audience Website for adults age 18 or over, and is intended for use by individuals in the United States. By using this Website, You represent and warrant that You are 18 years or older and have legal capacity to enter into the agreement set out in these Terms, including but not limited to, that You are of sufficient mental capacity, and are otherwise permitted to be legally bound in contract.
2. General Use.
a) Website Features. Our Website contains certain features and functionality, including the ability to receive content. We reserve the right, in Our sole discretion, to change, modify, remove, or add any features, products, services, or terms offered or included as any part on the Website. This includes without limitation any features regarding Our products and services.
b) Eligibility. This Website is intended for use by persons in the United States. If You are a person that is located or resides outside the United States, by accessing and using this Website, You agree to be bound by these Terms. This Website is not available to any persons suspended or removed from the Website by the Company in its sole discretion and with or without cause. In using this Website, You represent that You are a person who has not been suspended or removed from the Website. Persons choosing to access this Website do so at their own discretion and initiative, and are responsible for compliance with these Terms, all local laws, and rules, including without limitation, such laws and rules regarding the internet, date, email, electronic messages, privacy, and security.
c) Use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products, services, or features obtained from the Website or from Neff without Our prior written consent. Neff reserves all rights, both legal and equitable, to pursue legal action and recover damages (including attorneys’ fees) as a result of any unauthorized activity (including without limitation as set forth in this paragraph) in connection with any of its products and services.
d) Assumption of Risk. Access to and use of the Website is at Your own risk. Neff hosts the Website on a reputable platform and takes reasonable efforts to maintain and host the Website. However, We make no representations or warranties – either expressed or implied – that the safety and security of Your individual use of the Website will not be affected or altered by unauthorized access and misuse of the Website or any of its features by a third party. By accessing or using this Website, or any of the features, products, or services on this Website, You acknowledge and agree that You assume all risk arising out of such access, including without limitation the unauthorized access and misuse of the Website or any of its features by a third party.
e) Reviews, Comments, Communications, and Other Content. If You post any comment on this Website or any third party Website (a “Submission”), You grant Neff a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, and modify such content throughout the world in any media. You also grant Neff the right to use any name or likeness that You submit in connection with such content, if We choose. You represent and warrant that: (i) You own or otherwise control all the rights in any Submission You submit, and (ii) the Submission is non-infringing and does not otherwise violate the rights of any person or entity. You acknowledge and agree that You will indemnify Neff for all claims resulting from the content You post or submit. Neff has the right but not the obligation to monitor and edit or remove any activity or content. Neff takes no responsibility and assumes no liability for any content posted by You or any third party.
Do not make any Submission that includes information You wish to remain confidential, including any personal information. Your Submission may be made publicly available and Neff is not responsible for any use or misuse (including any distribution) by any third party. IF YOU CHOOSE TO INCLUDE ANY PERSONAL INFORMATION IN A SUBMISSION THROUGH OR IN CONNECTION WITH THE WEBSITE OR ANY THIRD PARTY WEBSITE, YOU DO SO AT YOUR OWN RISK.
f) Website Unavailability. Your access to the Website may be unavailable or interrupted at any time and for a variety of reasons, many of which We cannot control. We are not responsible for any interruptions of Your access to the Website, or any of the consequences of such interruptions.
3. Termination; Modification.
Without any further notice, You understand and agree that at any time the Company, in its sole and exclusive discretion and with or without cause, may terminate, cancel, deactivate, and/or suspend Your access to the Website. The Company also reserves the right to discontinue, modify, alter, or change any policy, feature, product, or service of the Website. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY REGARDING THE TERMINATION OR MODIFICATION OF YOUR ACCESS TO AND USE OF THE WEBSITE, IS TO STOP USING THE WEBSITE.
6. Conduct and Acceptable Use.
a) You are solely responsible for the content of Your communications and representations via the Website, including those sent to Us via the Website when You register or provide any other information to Us for any reason.
b) We may require, at any time, proof that You are following these Terms. We reserve the right to take, or refrain from taking, any and all steps available to Us, including suspending or terminating Your access to the Website or seeking other legal or equitable remedies, once We become aware of any violation of these Terms. As a condition of use of the Website, You represent the following:
- You will not interfere with any other person using or enjoying the Website;
- You will not use the Website to threaten, abuse, harass, or invade the privacy of any person;
- Any content or materials You submit to Us (including through contacting Us) will be appropriate and lawful;
- You will not damage Our Website or Our servers;
- You will not attempt to gain unauthorized access to computer systems or networks connected to the Website or use the Website in any way for an inappropriate or unlawful purpose;
- You will not access data not intended for You, or log onto a server or an account that You are not authorized to use;
- You will not circumvent or modify, or attempt to or assist another in circumventing or modifying, any security technology or software that is part of the Website;
- You will not transmit or disseminate any kind of material that contains malware, viruses, bots, worms or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of the Website;
- You will not impersonate, falsely state, or otherwise misrepresent Your identity in any way while using the Website (including through contacting Us);
- You will not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation any type of spider, web crawler or robot) to navigate, search, and/or extract information from the Website other than the search tools available on the Website and other generally available third-party web browsers (e.g., Netscape Navigator, Microsoft Explorer); and
- You will not use the Website, its content, or its information for any criminal or unlawful purpose or encourage anyone else to do so.
Violations of the Terms, including without limitation provisions (i-xi) above, will be determined by the Company in its sole discretion and may result in, among other things, termination of Your access to the Website.
7. Ownership; Proprietary Rights.
ALL WEBSITE CONTENT AND MATERIALS, AS WELL AS THE PRODUCTS AND MATERIALS DEPICTED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, MERCHANDISE, PHOTOGRAPHS, ILLUSTRATIONS, GRAPHICS, PRODUCT NAMES, DESIGNS, LOGOS, VIDEO MATERIAL, AND AUDIO CLIPS (COLLECTIVELY, “THE INTELLECTUAL PROPERTY”) ARE PROTECTED BY COPYRIGHT, TRADEMARK, AND OTHER LAWS OF THE UNITED STATES, AS WELL AS INTERNATIONAL CONVENTIONS AND THE LAWS OF OTHER COUNTRIES. THE INTELLECTUAL PROPERTY IS OWNED OR CONTROLLED BY THE COMPANY OR THE PARTY CREDITED AS THE PROVIDER OR OWNER OF THE INTELLECTUAL PROPERTY. THE COMPILATION (MEANING THE COLLECTION, ARRANGEMENT, AND ASSEMBLY) OF ALL CONTENT ON THE WEBSITE IS THE EXCLUSIVE PROPERTY OF NEFF AND PROTECTED BY UNITED STATES AND INTERNATIONAL COPYRIGHT AND TRADEMARK LAWS. EXCEPT AS EXPRESSLY AUTHORIZED BY THE COMPANY, YOU AGREE NOT TO SELL, LICENSE, DISTRIBUTE, COPY, MODIFY, PUBLICLY PERFORM OR DISPLAY, TRANSMIT, PUBLISH, EDIT, ADAPT, CREATE DERIVATIVE WORKS FROM, OR OTHERWISE MAKE UNAUTHORIZED USE OF ALL WEBSITE CONTENT, MATERIALS AND INTELLECTUAL PROPERTY.
8. Third-Party Websites, Products & Services; Links.
The Website may contain links to third party websites and other platforms, including without limitation, social media platforms (“Third Party Websites”).
The Company is not responsible for Third Party Websites and their content. The Third Party Websites are not controlled by Us. Accordingly, the Company makes no warranties or representations regarding such Third Party Websites, has no responsibility for the operation or content of such Third Party Websites, and will not be liable for any loss or damage caused by Your use of or reliance on such Third Party Websites. Your use of Third Party Websites is at Your own risk. The inclusion on the Website of a link to a third party website does not imply an endorsement by the Company. When You access any of these Third Party Websites, please understand that Your rights and obligations while accessing and using those Websites will be governed by the agreements and policies relating to the use of those Websites.
9. Disclaimer; No Warranties; Limitation on Liability and Damages.
A) TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW AND SUBJECT TO PARAGRAPH (D) OF THIS SECTION, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES, OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED WITHIN THE CONTENT OR WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT ALLOWABLE BY LAW, THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT.
B) YOU SPECIFICALLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED ON THE WEBSITE BY ANY THIRD PARTY. YOU FURTHER AGREE THAT THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND/OR MAY DISCONTINUE ANY PART OF THE WEBSITE AT ANY TIME.
C) ALSO SUBJECT TO PARAGRAPH (D) OF THIS SECTION AND TO THE EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE LICENSORS, AFFILIATES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF WARRANTY SET FORTH ABOVE IS HELD INAPPLICABLE OR UNFORCEABLE FOR ANY REASON, THEN THE COMPANY’S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO $100. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
D) IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES. SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO ANY PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.
10. Indemnification; Hold Harmless.
You agree to indemnify and hold the Company, its employees, officers, directors, investors, agents, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of the Company harmless from all claims, liabilities, losses, damages, and expenses (including without limitation attorneys’ fees and expenses) arising out of or relating to Your breach or alleged breach of any Terms or conditions applicable to Your use of or access to the Website.
These Terms are governed by the laws of the State of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims, lawsuits, or other actions (collectively, “Claims”) arising under these Terms shall lie exclusively with the state or federal courts within Pennsylvania. You agree that neither You, nor Your representatives, shall have the right or authority to bring any Claims on a class action basis or on bases involving Claims brought in a purported representative capacity on behalf of the general public, other users, or other persons similarly situated.
The Company may assign its rights and obligations under these Terms, and any assignment will inure to the benefit of Our successors, assigns, and licensees.
Sections 4 (Privacy), 7 (Ownership; Proprietary Rights), 10 (Indemnification; Hold Harmless), 11 (Dispute), 12 (Assignment), 13 (Severability), 15 (Headings), 17 (No Waiver), 18 (Children’s Online Privacy Protection Act (“COPPA”) Notification), and 19 (Digital Millennium Copyright Act) shall survive any termination of these Terms.
All headings used in these Terms are for reference purposes only and shall not be used to interpret, analyze, or construe these Terms or the provisions, terms, representations, covenants, agreements, certifications, declarations, affirmances, or statements contained herein.
16. Entire Agreement.
17. No Waiver.
No waiver of any of these Terms by the Company is binding unless authorized in writing by an officer of the Company. If the Company waives a breach of any provision of the Terms, any such waiver will not be construed as a continuing waiver of other breaches of the same nature or other provisions of the Terms and will in no manner affect the right of the Company to enforce the same at a later time.
18. Children’s Online Privacy Protection Act (“COPPA”) Notification.
Our Website is not designed or intended for use by children under the age of 18. Pursuant to 47 U.S.C. Section 230(d) as amended, We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that may be harmful to minors. Information identifying current providers of such protections is available at the Electronic Frontier Foundation Website, http://www.eff.org.
19. Digital Millennium Copyright Act.
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Website should be promptly sent in the form of written communication to Neff, 13 south 3rd Street, 4th floor, Philadelphia PA 19106, or Creative@neffknows.com. All claims must include the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online Website are covered by a single notification, a representative list of such works at that Website;
c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
d) Information reasonably sufficient to permit the Company, its service provider, or an authorized representative to contact the complaining party, such as an address, telephone number, and if available, an email address at which the complaining party may be contacted;
e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
20. Contact Us.
13 South 3rd Street
Philadelphia, PA 19106