WEBSITE TERMS AND CONDITIONS OF USE

Acceptance

These terms and conditions of use are entered into by and between You and Space City EBoards LLC, dba Rent EBoards Houston (”Company,” “we,” or “us”). These terms and conditions (“Terms of Use”) govern your access to and use of this website, including any content, functionality, and services offered on or through this website (“Website,” “website,” or “site”), whether as a guest, visitor, customer, or a registered user, as well as any other websites, applications, interactive features, widgets, and resources offered by the Company through internet websites, mobile devices, or other platforms.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference, and acknowledge reading them.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.  These Terms of Use apply to all site visitors, customers, and all other users of the site.  

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions.  Children under the age of 18 are prohibited from using this Website.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Revisions and Updates

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You shall not post or transmit through the Website any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information about yourself, including your name, e-mail address, username and password, and other personal information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You must not impersonate someone else or provide information that is not your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of this Website, violate any laws in your jurisdiction. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier (whether chosen by you or provided by us), disable any account or access to any account, or discontinue service, at any time in our sole discretion for any or no reason, including but not limited to if, in our opinion, you have violated any provision of these Terms of Use or our Privacy Policy.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, logo, tag lines, and all related names, logos, tag lines, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, tag lines, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation, including, without limitation, any laws regarding the export of data or software to and from the US or other countries.
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity, including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to the Company, other users, or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By posting any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. 

By posting any User Contribution on or to the Website, you grant the Company a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes. You further agree that the Company is free to use any User Contribution for any purpose whatsoever, including but not limited to ideas, know-how, concepts, techniques, comments, criticisms, reports, or other use. You acknowledge and agree you have no expectation of compensation or confidentiality of any nature, and that the Company has no duty or obligation to you (including any duty or obligation to compensate you) with respect to any User Contribution.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. 

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS OWNERS, MEMBERS, EMPLOYEES, AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY AND SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement 

If you believe that any User Contributions violate your copyright, please send us a notice at the address below. 

Disclaimer and Reliance on Information Posted

We do not warrant the accuracy, completeness, or usefulness of information on the Website. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the rental or sale of goods/services, events, or information formed through the Website, or resulting from visits made by you, are governed by other terms and conditions, which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

No Refunds

All payments for use or access to the Website are non-refundable. 

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

We are based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE INFORMATION PRESENTED ON OR THROUGH THE WEBSITE IS MADE AVAILBLE SOLELY FOR GENERAL INFORMATION PURPOSES AND IS NOT LEGAL ADVICE OR INTENDED TO BE LEGAL ADVICE. THE WEBSITE AND INFORMATION ON THE WEBSITE CANNOT SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY REGARING YOUR SPECIFIC LEGAL ISSUE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OWNERS, MEMBERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the site.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective owners, members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the United States Federal Court For The Southern District of Texas, Houston Division, or the state district courts of Harris County, Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

If any legal action is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicensable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid, void, and of no effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Notices, Comments, and Concerns

This website is operated by Space City EBoards LLC, dba Rent EBoards Houston.  All notices of copyright infringement, feedback, comments, and other communications relating to the Website should be directed to: Space City EBoards LLC dba Rent EBoards Houston, 5334 Nett Street, Houston, Texas 77007.

 

*All Rent EBoards locations are independently owned and operated.

 

 

RENTAL, SALES, AND REPAIRS AND SERVICE TERMS AND CONDITIONS

Space City EBoards LLC, dba Rent EBoards Houston’s (“EBoards”) acceptance of any order to rent or sell equipment, or provide repair and other services, to you (“Customer” or “you”) is subject to these terms and conditions.  Customer’s creation of an account and completion of a sales, rental, or service order on EBoards’ website constitutes acceptance of these Terms and Conditions. 

1. RENTALS 

For equipment rentals, Customer acquires no ownership, title, property, right, equity, or interest in the Equipment other than its leasehold interest solely as Customer, subject to all terms and conditions.  All rental rates on EBoards’ website are subject to change without notice.  Customer's obligation to pay all rent and other amounts is absolute and unconditional and is not subject to any abatement, counterclaim, defense, deferment, interruption, recoupment, reduction, or setoff for any reason whatsoever. 

Customer shall operate each item of Equipment exclusively for personal use and enjoyment and shall maintain such equipment in compliance with any manufacturer's specifications. Customer shall not operate or permit the storage, maintenance, or operation of any unit of Equipment in an unsafe or improper manner.  Customer shall not allow anyone under the age of 13 to use any unit of equipment.  Customer shall ensure all users of any unit of Equipment wear a helmet.  Elbow pads, knee pads, and other safety equipment are recommended and encouraged to be used.  Customer shall ensure all Equipment is used in compliance with all applicable laws.  

Customer shall bear all risk of loss, damage, destruction, or theft, of any unit of Equipment or its use. Customer shall not make any repairs or modifications to any unit of rented Equipment. Any damage or malfunction of any unit of rented Equipment shall be immediately reported to EBoards, and use of such damaged/malfunctioning equipment shall immediately cease. Damaged or malfunctioning rented equipment shall be returned to EBoards immediately.  

Once a rental order is completed by Customer on EBoards’ website, the order may not be canceled or rescheduled without EBoards’ written consent.

Any rented unit of Equipment shall be made available for pickup/delivery/return as directed by EBoards.  

1. SALES

All sales of any equipment are final. Customer represents and warrants that Customer is buying products for Customer’s own personal or household use only, and not for resale or export. Customer further represents and warrants that all purchases are intended for final delivery to locations within the US. 

Customer’s order on our website is an offer to buy, under these Terms, all products listed in Customer’s order. All orders must be accepted by EBoards or EBoards will not be obligated to sell the products to Customer. EBoards may choose not to accept any order at its sole discretion, even after an order confirmation is sent to Customer with Customer’s order number and details of the items ordered. Once a purchase order is placed by Customer, it may be cancelled only with EBoards’ written consent and on EBoards’ terms.  

Prices posted on EBoards’ website may be different than prices offered by EBoards at other places or locations. All prices, discounts, and promotions posted on EBoards’ webite are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Customer’s order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Customer’s merchandise total, and will be itemized in Customer’s shopping cart and confirmation email. EBoards strives to display accurate price information, however on occasion, it may make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. EBoards reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

EBoards may offer from time to time promotions that may affect pricing and that may be governed by terms and conditions that may be separate from these Terms. If there is a conflict between the pricing or terms for a promotion and these Terms, the promotion terms will govern. 

 

Terms of payment are within EBoards’ sole discretion and payment must be received by EBoards before its acceptance of an order. Customer represents and warrants that (i) any credit card information Customer supplies to EBoards is true, correct and complete, (ii) Customer is duly authorized to use such credit card for the purchase, (iii) charges incurred by Customer will be honored by Customer’s credit card company, and (iv) Customer will pay charges incurred by Customer at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of Customer’s order. 

EBoards will arrange for shipment of the products to Customer. Customer will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to Customer upon transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. EBoards is not liable for any delays in shipments.

To return products, Customer must call or email EBoards at the number or email address on EBoards’ website or on Customer’s purchase confirmation before shipping any product. No returns of any type will be accepted without a return authorization from EBoards. Customer is responsible for all shipping and handling charges on returned items. Customer beard the risk of loss during shipment. EBoards therefore strongly recommends that Customer fully insure any return shipment against loss or damage and that Customer use a carrier that can provide Customer with proof of delivery for Customer’s protection. Refunds are processed within approximately seven business days of our receipt of your merchandise. Customer’s refund will be credited back to the same payment method used to make the original purchase on EBoards’ website. EBOARDS OFFERS NO REFUNDS ON ANY PRODUCTS DESIGNATED ON ITS WEBSITE AS NON-RETURNABLE. For defective returns, please refer to the manufacturer's warranty included with the product or as detailed in the product's description on EBoards’ website.

1. REPAIRS AND SERVICE

EBoards shall provide repairs and services requested by Customer (the "Services") in accordance with these Terms. EBoards shall use reasonable efforts to meet any deadline(s) specified in the Order Confirmation, and any such dates shall be estimates only. Customer shall respond promptly to any EBoards’ request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for EBoards to perform Services. If EBoards' performance is prevented or delayed by Customer, EBoards shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer.

If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. EBoards shall, on its own timeframe, provide a written estimate to Customer of the likely time required to implement and complete the requested change, any change in the fees and other charges for the Services arising from the change, and any other impact the change might have on the performance of this Agreement. EBoards may, from time to time change the Services without notice to or consent of Customer, provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Order Confirmation.

Customer shall timely pay all fees to EBoards. In the event payments are not received by EBoards after becoming due, EBoards may:

(i) assess a monthly fee not to exceed 10% of the amount owed; and

(ii) suspend performance for all Services until payment has been made in full.

Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.

EBoards represents and warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. If Customer reports that Services did not remedy the issues forming the basis for Customer’s request for services, or that any part(s) used in the Services are defective, then EBoards shall, in its sole discretion, either repair or re-perform such Services; or credit or refund the price of such Services at the pro rata contract rate. THESE REMEDIES SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND EBOARDS'S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. EXCEPT FOR THIS LIMITED WARRANTY, EBOARDS MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

In addition to any remedies that may be provided under this Agreement, EBoards may terminate this Agreement with immediate effect upon written notice to Customer, if Customer fails to pay any amount when due under this Agreement, has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

Any items that are left with EBoards by Customer and not retrieved by Customer within 30 days of completion of the Services may be sold or otherwise disposed of by EBoards without further notice to Customer.

1. DEFAULT

Each of the following events is an "Event of Default":

Customer fails to pay any amount owed when due;Damage, theft, or loss of any unit of equipment;Customer fails for any reason to timely return all rented equipment to EBoards for any reason.

If an Event of Default occurs, EBoards may, in its sole discretion, exercise one or more of the following remedies:

1. take possession of, or render unusable, any unit of Equipment wherever it may be located, without demand or notice, without any court order or other process of law, and without liability to Customer for any damages occasioned by such action;
2. require Customer to deliver to EBoards any unit of Equipment in the same condition it was delivered to Customer;
3. exercise any other right or remedy available to EBoards, whether by contract, at law, in equity, by statute, or otherwise. 

1. LIMITED WARRANTY

EBoards does not manufacture or control any of the products offered on EBoards’ website. The availability of products or services through Eboards’ website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, EBoards does not provide any warranties with respect to the products offered on our website. However, the products and services offered on our website are covered by the manufacturer's warranty as detailed in the product's description on our website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty. EBoards will honor any manufacturer warranty or other product warranties and indemnities authorized by the manufacturer. EBoards makes and offers no other warranties of any kind.  THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES, ALL OF WHICH ARE HEREBY DENIED AND WAIVED BY CUSTOMER.

1. LIMITATION OF LIABILITY AND INDEMNITY

IN NO EVENT SHALL EBOARDS, ITS OFFICERS, AGENTS, OWNERS, OR EMPLOYEES BE LIABLE UNDER ANY THEORY OF CONTRACT, EXPRESS OR IMPLIED WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY PUNITIVE OR EXEMPLARY DAMAGES, ANTICIPATED OR LOST PROFITS OR LOSS OF REVENUE, PROJECT DELAY, LOSS OF OR DAMAGE TO BUSINESS RELATIONSHIP, LOSS OF OR DAMAGE TO GOODWILL, LOSS OF OR DAMAGE TO REPUTATION, OR INCIDENTAL OR CONSEQUENTIAL LOSS DAMAGE OR EXPENSE, ARISING FROM OR IN CONNECTION WITH RENTAL OR USE OF ANY UNIT OF EQUIPEMENT.

ALL PRODUCTS AND SERVICES OFFERED ON EBOARDS’ WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO CUSTOMER. CUSTOMER AFFIRMS THAT EBOARDS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO CUSTOMER.

EBOARDS HAS BEEN GIVEN ASSURANCES OF PRODUCT SALABILITY, MERCHANTIBILITY, AND COMPLIANCE FROM THE MANUFACTURERS. IN NO EVENT SHALL EBOARDS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES[, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 

EBOARDS’ SOLE AND ENTIRE MAXIMUM LIABILITY , FOR ANY REASON, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY CUSTOMER FOR THE PRODUCTS AND SERVICES CUSTOMER ORDERED THROUGH EBOARDS’ WEBSITE. 

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from EBoards’ gross negligence or willful misconduct and (B) death or bodily injury resulting from EBoards’ acts or omissions.

CUSTOMER HEREBY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD EBOARDS AND ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, CONTRACTORS, LABORERS, REPRESENTATIVES, AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS AND LIABILITIES (COLLECTIVELY “CLAIMS”) ARISING OUT OF BODILY INJURY, ILLNESS, DEATH, AND/OR THE DAMAGE, LOSS, OR DESTRUCTION OF PROPERTY, ARISING OUT OF OR RELATING TO THE EQUIPMENT RECEIVED BY CUSTOMER FROM EBOARDS.  THE INDEMNITIES PROVIDED FOR ABOVE SHALL APPLY WHETHER OR NOT THE CLAIM RESULTS IN WHOLE OR IN PART FROM THE SOLE, CONCURRENT, NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY OF CUSTOMER OR ANY THIRD PARTIES, OR ANY DEFECT IN THE EQUIPMENT, OR ANY COMPONENT OF THE EQUIPMENT, DELIVERED BY EBOARDS TO CUSTOMER OR DELIVERED BY CUSTOMER TO ANY THIRD PARTY.  

IN THE EVENT A THIRD PARTY MAKES A CLAIM OR INSTITUTES LEGAL ACTION AGAINST EBOARDS AND/OR ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, CONTRACTORS, LABORERS, REPRESENTATIVES, AND AGENTS STEMMING FROM OR IN ANY WAY RELATED TO THE EQUIPMENT PROVIDED BY EBOARDS TO CUSTOMER, THEN CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD HARMLESS EBOARDS AND/OR ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, CONTRACTORS, LABORERS, REPRESENTATIVES, AND AGENTS FOR ANY AMOUNT THAT EBOARDS AND/OR ITS OFFICERS, AGENTS, OWNERS, EMPLOYEES, CONTRACTORS, LABORERS, REPRESENTATIVES, AND AGENTS MAY BE REQUIRED TO PAY SUCH THIRD PARTY, TOGETHER WITH REASONABLE EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, INCURRED BY EBOARDS IN DEFENDING SUCH CLAIM OR LEGAL ACTION. 

1. FORCE MAJEURE

EBoards shall not be liable or responsible to Customer or any third party, nor be deemed to have defaulted under or breached any agreement, for any failure or delay in fulfilling or performing any quote, purchase order, or delivery of any products or orders (in whole or in part), when and to the extent such failure or delay is caused by or results from acts beyond EBoards’ reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) pandemic or widespread illness or disease; (d) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (e) laws and regulations; (f) actions, embargoes, or blockades in effect on or after the date of this Agreement; (g) action by any governmental authority; (h) national or regional emergency; (i) strikes, labor stoppages or slowdowns, supply chain disruptions, shipping delays, materials shortages, or other industrial disturbances; and (j) shortage of transportation services or adequate power (each a "Force Majeure Event").

1. ARBITRATION AGREEMENT

Should any claim or dispute arise between us, or arise from any third party, that derives from, pertains to, or is in any way connected to any equipment or service provided by EBoards to Customer, or any other claim or dispute between us or any third party pertaining to any transactions or attempted transactions between us, any and all such dispute(s) shall be submitted to binding arbitration. Any such arbitration shall be held in Harris County, Texas, and no legal proceedings may be instituted except to enforce the award of the arbitrator or to preserve the jurisdiction of any court with existing jurisdiction of any of the parties, whether related or not to the Equipment or the rental/sales/service. Unless the parties can mutually agree on an arbitrator, each party shall select one arbitrator and the two selected arbitrators shall select a third person who shall arbitrate the claims and disputes. If one party fails to designate an arbitrator within fifteen days from the date on the written demand to arbitrate, the arbitrator selected by the other party shall solely arbitrate the case. The arbitrator shall notify all parties and set a date, time, and place for the arbitration hearing. The arbitrator's decision shall be based on evidence submitted and governed by the Texas Rules of Civil Procedure, Texas Rules of Evidence, and Texas statutory and case law. The decisions shall be based on a preponderance of the evidence. Notification of the details of the hearing shall be mailed to the addresses of the parties as provided to the arbitrator. The notice shall be postage prepaid and deemed received within five days from deposit with the United States Postal Service. No hearing shall be had sooner than thirty days from date of mailing of the notice. The arbitration fees shall be deemed costs of court and paid as provided in the Texas Rules of Civil Procedure. If any party employs attorneys to represent him/her/it in the arbitration, the arbitrator shall be authorized to award reasonable attorney's fees incurred in seeking to resolve the dispute(s), prosecuting the arbitration, for all arbitration proceedings and final hearing, all action necessary to reduce the arbitrator’s findings to an award, all action taken to confirm the award and secure a judgment confirming the award from any Court of competent jurisdiction, and for any appeal of the award or Court’s judgment. On the date of the arbitration hearing, the arbitrator shall proceed to hear the dispute or claim, whether or not all parties to the arbitration appear, and on conclusion of the facts and evidence presented make an award. The award shall be final and binding on the parties.  The arbitrator shall award reasonable attorney’s fees to the prevailing party in such proceeding.  Customer hereby acknowledges that Customer are aware of the fact that by agreeing to arbitrate, Customer waives any right Customer has to a court or jury trial. 

1. GOVERNING LAW, JURISDICTION, AND VENUE.

These terms and conditions, all related documents, and all matters arising out of or relating to any equipment, products or services requested or provided hereunder, whether sounding in contract, tort, or statute for all purposes shall be governed by and construed in accordance with, the laws of the State of Texas, without giving effect to the conflict of laws principles that would cause laws of any jurisdiction other than those of the State of Texas to apply. Subject to the arbitration provisions herein, and without waiving same, any action or proceeding by either of the Parties shall be brought only in any state district court or federal district court located in Houston, Harris County, Texas. The Parties hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.